Michael Honoré

Honoré, Fallesen & Andersen - HFA Law (Copenhagen)
Partner

Michael is considered one of the leading lawyers in the field of state aid law in Europe. He is specialized in competition law, state aid law and general EU law (free movement law, EU procedural law, etc.). Michael also advises about general contract law. Michael is an experienced litigator and regularly represents clients in cases before the Danish courts and the European Court of Justice. Michael is authorized to appear before the Danish high courts. In addition to a Master of Laws degree from the University of Copenhagen, Michael holds an LL.M. degree from the College of Europe in Bruges. Michael has also received a diploma as a business correspondent in French from Copenhagen Business School and has taken a 2-year degree in Executive Coaching. Michael has worked as a lawyer in Bech-Bruun from 2005 to 2019, since 2012 as a partner in its department for EU and competition law. Before this, Michael worked as a référendaire at the Court of the European Union in Luxembourg (2002-2005) and as junior associate with the law firms of Liedekerke and Ashurst in Brussels (2001-2002). Michael has been named “State Aid Lawyer of the Year – Denmark” by international ratings agencies. Most recently, Michael was recognized as "Thought Leader Competition 2019 - State Aid" by the highly regarded Who’s Who Legal. Michael has given advice within many sectors and industries, but has over the years worked particularly extensively within the areas of food and agriculture, infrastructure (transport, energy, IT and telecommunications, payment services) and R&D&I (research, development and innovation). Michael has also represented clients in a series of EU and state aid law cases involving taxes and levies.

Linked author

Honoré, Fallesen & Andersen - HFA Law (Copenhagen)

Articles

36651 Bulletin

Asbjørn Fallesen, Michael Honoré The Danish Supreme Court rules that EU Commission guidelines do not place a legal obligation on the State to continually reassess a tax exemption for sailors to ensure the benefit is not diminished as tax rules evolve (DIS)

48

In November of 2016, the Danish Supreme Court rejected a claim made by trade association Søfartens Ledere on behalf of two sailors against the Danish Ministry of Tax. The two sailors had been employed under a Danish net tax scheme approved by the European Commission based on its guidelines for (...)

Asbjørn Fallesen, Michael Honoré The High Court of Eastern Denmark finds that an activity can constitute an exercise of public powers despite pre-existing operators carrying out the exact same activity for profit, rendering State aid rules inapplicable (KortCenter.dk)

32

In a judgement of October 2016, the High Court of Eastern Denmark has rejected a state aid complaint against FOTdanmark, an association of Danish public authorities operating a shared database of digital topographical maps and making those maps available to members of the association and third (...)

Asbjørn Fallesen, Michael Honoré The Danish High Court for Western Denmark allows a local authority to charge premiums for guaranteeing loans to heating providers contravening initial agreements on the grounds that failing to do so would infringe Article 107 TFEU (Sønderborg Fjernvarme)

35

In January of 2015, the High Court of Western Denmark found that the Municipality of Sønderborg was right to amend two premium-free guarantees granted by the Municipality to district heating companies so that a premium would be charged going forward to avoid findings of state aid. The (...)

Asbjørn Fallesen, Michael Honoré The Danish Maritime and Commercial Court reverses decision of the competition authority which ordered recovery of State aid in the form of below-market rent on the grounds that the rent was charged at market rate (Hellers Yachtværft)

28

By a judgement of June 2013, the Danish Maritime and Commercial Court reversed previous decisions of the Danish Competition Authority and the Danish Competition Appeals Board ordering recovery of state aid in the form of below-market rent to a tenant of a publicly owned property. The Maritime (...)

Asbjørn Fallesen, Michael Honoré The High Court of Eastern Denmark rejects claim by a radio licensee seeking a reduction in their fee because a rival charged a lower fee benefitted from State aid, the court rejected the argument because the reduction occurred as a result of incorrect information (FM 6)

23

By a judgment of March 2013, the High Court of Eastern Denmark has rejected a claim by a holder of a radio license concession that the fee for the said concession should be reduced because another radio license concession holder had allegedly received state aid in the form of an insufficient (...)

Asbjørn Fallesen, Michael Honoré The Danish High Court for Western Denmark finds that the national Government was justified in revoking subsidies to a ready-meal manufacturer that were designated for SMEs because the controlling parties also owned other companies in adjacent markets, negating the requisite SME status (Skare Food)

37

In a judgement of April 2012, the High Court of Western Denmark has considered the EU’s SME definition. In the judgement, the court found that a business that had initially been awarded app. DKK 3.4 million (app. EUR 460,000) in subsidies under a European Agricultural Guidance and Guarantee (...)

Michael Honoré The Danish Competition Authority finds that a municipality granted an unlawful aid to a national football club but failed to order repayment because the aid was granted before the relevant State aid provisions (Farum Park)

694

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

446

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)

659

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)

1556

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. (...)

Michael Honoré The Danish Competition Authority orders municipalities to re-calculate and adjust the settlement prices in relation to municipal services (Fritvalgspriser på ældreområdet)

1741

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 (...)

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)

2057

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)

1746

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)

1859

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 (...)

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)

1659

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 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)

1608

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 (...)

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)

1747

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 (...)

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)

1739

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)

1617

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 (...)

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 Competition Authority (Fritvalg / Morsø Kommune)

1597

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 (...)

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)

1508

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 (...)

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)

1504

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 (...)

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)

1519

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 (...)

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)

1598

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 (...)

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)

1571

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)

1982

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)

2067

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 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)

1659

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 (...)

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