Asbjørn Fallesen

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

Asbjørn Fallesen co-founded HFA Law in 2021. He is a partner and owner of HFA Law. Asbjørn Fallesen is highly specialized in the state aid rules and the competition rules in Denmark and the EU. Asbjørn Fallesen has extensive experience with all aspects of these rules and with a number of connected areas of law such as the rules on damages and the criminal justice rules. Asbjørn Fallesen has particularly extensive experience with the competition law rules for dominant undertakings, where his work has been highly focused on court cases concerning the most complex legal and economic issues in the area for a number of years.

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Honoré, Fallesen & Andersen - HFA Law (Copenhagen)

Articles

262 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)

49

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)

33

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)

38

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)

29

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)

38

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 (...)

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262
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