Michael Honoré

Lexxion Publisher, Bech-Bruun (Copenhagen)
Lawyer (Partner)

Michael Honoré, LL.M. (Bruges) is senior associate in the EU & competition law section of Bech-Bruun law firm (Copenhagen), where he has been involved in several State aid cases before both the European Commission and the European Community courts. He has been Managing Editor of European State Aid Law Quarterly (EStAL) at Lexxion Publisher since June 2014. From 2002-2005 Michael worked as legal secretary (référandaire) in the chambers of President Bo Vesterdorf, European Court of First Instance. Before working in Luxembourg, he worked as associate in the law firms Liedekerke, Siméon, Wessing, Houthoff (Brussels) and Ashursts (Brussels). Michael has lectured both EU-law and State aid law at the University of Copenhagen and at the Euro-pean Institute of Public Administration (Luxembourg). He has written several articles within the area of State aid and acts as national rapporteur to the European State Aid Law Quarterly.

Articles

34729 Bulletin

Michael Honoré The Danish Competition Council finds that a municipality had granted unlawful aid to a national football club but it could not order its repayment because the aid was granted before the relevant State aid provisions in the Danish Competition Act came into force (The Farum Park Case)

597

On 22 June 2011 the Danish Competition Council issued a decision dealing with the question whether a Danish municipality (municipality of Furesø) had rented a Center for Sport and Culture to a local football club (FC Nordsjaelland) to a price below market price, leading to a grant of unlawful (...)

Michael Honoré The Danish Competition Council orders full recovery of unlawful aid according to section 11a in the Competition Act after the case was referred for reconsideration by the Competition Appeals Tribunal (The Kastrup Marina Case)

379

By its second decision of 22 June 2011 in the Kastrup Marina Case the Danish Competition Council has for the first time ever ordered full recovery of unlawful and incompatible aid under Section 11a in the Danish Competition Act (corresponding to Article 107 of the EUF Treaty). The first (...)

Michael Honoré The Danish Supreme Court confirms that a TV broadcaster has abused its dominant position in the market for national television commercials in the form of illegal loyalty-inducing discounts (TV 2/Danmark)

435

On 18 March 2011 the Danish Supreme Court delivered a final judgment in the case concerning TV 2/Danmark’s use of loyalty-inducing discounts in the Danish market for TV advertising. The Supreme Court held in the judgment that TV 2/Danmark’s annual discounts are likely to have a material (...)

Michael Honoré The Danish Competition Authority finds that a municipality had not paid a settlement price to the private caterer which was lower than the costs of the competing municipal service provider (Vordingborg Kommunes)

1508

Factual Background A private caterer complained to the Danish Competition Authority (DCA) about the municipality of Vordingborg paying too low a price for its services in 2005 and 2006. The complainant also argued that the municipality’s cost calculation methods were not transparent. Summary (...)

Michael Honoré The Danish Competition Authority, applying national provisions on State aid, orders municipalities to re-calculate and adjust the settlement prices in relation to municipal services (Fritvalgspriser på ældreområdet)

1697

Factual Background The Danish Competition Authority (DCA) has received a number of complaints from private companies which provide eldercare services to the Danish municipalities. The complaints concern in particular the fact that the prices paid by the municipalities (the “settlement prices”) (...)

Michael Honoré The Danish Competition Authority finds that the municipality of Gentofte had not paid a settlement price to the private caterer which was lower than the costs of the competing municipal service provider (Fritvalg - Gentofte Kommune)

2001

Factual Background A private company complained to the Danish Competition Authority (DCA) about the municipality of Gentofte paying too low a price for the services provided by private companies in the field of home care. In particular, the complainant did not understand why the prices had (...)

Michael Honoré The Danish Competition Authority finds that a municipality had incorrectly calculated the costs of the municipal service provider and orders the municipality re-calculated the latter’s costs, taking into account the guidance issued by the Competition Authority (Fritvalg - Ølstykke Kommune)

1679

Factual Background A private company complained to the Danish Competition Authority (DCA) about the municipality of Ølstykke paying too low a price for the services provided by private companies in the field of home care. More importantly, the municipality had failed to adjust its prices in (...)

Michael Honoré The Danish Competition Authority finds that a municipality had wrongly calculated the costs of the municipal service provider in relation to home case services and orders the municipality to re-calculate the latter’s costs, taking into account its guidance (Praktisk hjælp - Hjørring Kommune)

1809

Factual Background A private company complained to the Danish Competition Authority (DCA) about the municipality of Hjørring paying too low a price for the services provided by private companies in the field of home care. Summary of the Court’s findings The DCA stressed that under Section 11a (...)

Michael Honoré The Danish Competition Authority decides on the existence of an unlawful aid in application of s. 11a Competition Act in relation to subsidies granted to an internet portal on the grounds that the commercial and non-commercial parts of the website were not sufficiently distinguished (Portal Fyn.dk)

1582

Factual Background The internet portal was developed in 2003 with the purpose of promoting the island of Funen as an attractive place to live, work and visit. The portal contains all kinds of information of both commercial and non-commercial nature (ranging from information on education, (...)

Michael Honoré The Danish Competition Authority DCA finds that municipalities have wrongly calculated the costs of the municipal service provider in relation to home care services and ordered the re-calculation of those costs, taking into account its guidance (Fritvalg - Sindal Kommune)

1554

Factual Background A private company complained to the Danish Competition Authority (DCA) about the municipalities of Sindal and Frederikshavn paying too low a price for the services provided by private companies in the field of home care. Summary of the Court’s findings The DCA stresses that (...)

Michael Honoré The Danish Competition Authority refuses to deal with a price fixing behaviour under State aid provisions of the Danish Competition Act (Virkninger af KMS’ prisfastsættelse)

1695

Factual Background Public law provided that the National Survey and Cadastre (in Danish “Kort- og Matrikelstyrelsen” - hereafter “KMS”) could sell a number of different products - for example topographic maps and orthophotos - at prices which in the period 2000-2007, ranged from 44-70% of the (...)

Michael Honoré The Danish Competition Authority finds that a municipality has incorrectly calculated the costs incurred by a municipal service provider and concludes to the existence of State aid (Fritvalg - Frederikssund Kommune)

1697

Brief description of the facts and legal issues The Danish Competition Authority (DCA) found that a Danish municipality had fixed its prices for home care below the actual cost level. Thereby, the municipal service provider was found to be in receipt of State aid falling under the Danish (...)

Michael Honoré The Danish Competition Authority finds that a municipality has wrongly calculated the costs of the municipal service provider and to remedy the unlawful aid orders to re-calculate the latter’s costs, taking into account its guidance (Fritvalg - Slangerup Kommune)

1557

Factual Background A private company complained to the Danish Competition Authority (DCA) about the municipality of Slangerup paying too low a price for the services provided by private companies in the field of home care. Summary of the Court’s findings The DCA stressed that under Section (...)

Michael Honoré The Danish Competition Authority orders a municipality to terminate the payment of unlawful State aid in relation to the prices paid by the municipality to private companies in the field of home care and requests the municipality to re-calculate the settlement prices following guidance provided to this effect by the NCA (Fritvalg - Morsø Kommune)

1552

Factual Background In the present case the Danish Competition Authority (DCA) examined the prices paid by the municipality of Morsø to private companies in the field of home care. Summary of the Court’s findings The DCA stressed that under Section 11a of the Danish Competition Act the DCA can (...)

Michael Honoré The Danish Competition Authority examines the prices paid by a municipality for the services provided by private companies in the field of home care and judges that it adequately compensated the private service providers (Rødovre Kommune justerer hjemmehjælpsydelser)

1461

Factual Background The Danish Competition Authority (DCA) found that a Danish municipality had fixed its prices for home care below the actual cost level. Thereby, the municipal service provider was found to be in receipt of State aid falling under the Danish Competition Act. The municipality (...)

Michael Honoré The Danish Competition Authority examines the prices paid by a municipality for the services provided by private companies in the field of home care and judges that it adequately compensated the private service providers (Fritvalg - Sundeved Kommune)

1466

Factual Background In the present case the Danish Competition Authority (DCA) had been informed that the municipality of Sundeved was paying too low a price for the services provided by private companies in the field of home care. Summary of the Court’s findings The DCA stressed that under (...)

Michael Honoré The Danish Competition Authority examines the prices paid by a municipality for the services provided by private companies in the field of home care and judges that it adequately compensated the private service providers (Fritvalg - Helle Kommune)

1460

Factual Background In the present case the Danish Competition Authority (DCA) examined the prices paid by the municipality of Helle for the services provided by private companies in the field of home care. Summary of the Court’s findings The DCA stresses that under Section 11a of the Danish (...)

Michael Honoré The Danish Competition Authority dismisses claim based on State aid rules on the ground that insufficient evidence was brought by the claimants and issues guidelines for the future claims (Storskærmsproduktioner)

1552

Factual Background A TV producer complained about a public school ("Århus tekniske Skole") providing big screen productions free of charge in the form of open-air concerts. It claimed that the school was thereby using State subsidies meant for educational activities to finance production in (...)

Michael Honoré The Danish Competition Authority dismisses a claim based on State aid rules on the grounds that all transactions between a regional public TV channel and its subsidiary had been carried out on market terms (Rødovre Kommune justerer hjemmehjælpsydelser)

1525

Factual Background The company BORNnet Marketing, a producer of advertising spots, complained to the Danish Competition Authority ("DCA") that a regional television channel, TV2 Bornholm, had subsidized the company, Mediegruppen Bornholm, by allowing the latter to use its assets and (...)

Michael Honoré The Danish Competition Authority rejects a complaint concerning an alleged violation of State aid rules on the grounds that the State aid measure is likely to affect trade between Member States and consequently lacks competence under Section 11a of the Danish Competition Act (Teknologisk Institut)

1899

Factual Background The Centre of Tribology, which is part of the Technological Institute, is active in the field of tribology (comprising advanced surface treatment of tools and machine parts). It receives public funding from both the European Union and the Danish State. The Danish (...)

Michael Honoré The Danish Competition Authority dismisses the complaint of a claimant alleging that one of its competitors active on the market received subsidies from a State-owned institute (Statens Serumsinstitut)

1997

Factual Background The Danish Competition Authority (DCA) received a complaint from an actor on the market of vaccinations according to which the State-owned Serum Institute ("SSI") had subsidized a competing company, Udlandsvaccinationen I/S. The subsidies allegedly consisted in (1) SSI (...)

Michael Honoré The Danish Competition Authority DCA dismisses the claim of competitors seeking the recovery or the termination of the payment of aid granted from public funds to support certain commercial activities (Transporterhvervets uddannelsesråd)

1605

Factual Background The Transport business’ Education Council (Transporterhvervets Uddannelsesråd, "TUR") is a sector-specific education committee that according to Danish law on work related training is committed to assessing the needs of relevant training courses, including the preparation of (...)

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