Administrative Proceedings

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We know that many of our clients are navigating a complex regulatory landscape. At times, this requires challenging the views of the regulatory bodies or responding to investigations or raids initiated by supervisory authorities.  

We have experience in resolving disputes and proceedings with authorities that typically relate to the environment, land use planning, building requirements, public procurement, taxation, competition, trademarks, and business licences. We are also well versed in assisting clients in disputes related to licences and permits for regulated industries, such as pharmaceuticals, banking, energy, telecommunication, and healthcare services. 

When handling administrative proceedings, we take into account the legal and regulatory context and put together a litigation strategy that serves the purposes of our client’s business. We are best able to assist if we are involved early on in the process, often before a decision is even rendered by the authority. 

We commit to assisting our clients in administrative cases in a professional manner that will allow the client to uphold a relationship with the authorities also after the dispute has been decided. Our regulatory and procedural specialists work together in achieving the required outcome.  

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References

Hannes Snellman successfully represented Kesko Oyj and several K-Citymarket stores in multiple administrative court proceedings where Regional State Administrative Agencies had introduced restricting conditions to the alcohol retail trade licences of the K-Citymarket stores. 

Kesko and the K-Citymarket stores appealed the decisions of the Regional State Administrative Agencies, and in its first four decisions, the Administrative Court of Northern Finland ruled in favour of the appellants by revoking the conditions of the alcohol retail trade licences to a large extent and ordering the authorities to compensate for part of the legal costs incurred by the appellants.

The decisions of the Administrative Court of Northern Finland were appealed by the Regional State Administrative Agencies and the National Supervisory Authority for Welfare and Health. On 19 June 2024, the Supreme Administrative Court handed down a precedent ruling (KHO:2024:90), where the Court ruled in favour of the K-Citymarket stores. The Supreme Administrative Court confirmed that the Alcohol Act does not require that only the licence holder or their staff could hand over alcoholic beverages to the customers. Neither does the Alcohol Act require that the payment for an alcoholic beverage could only be received by the holder of the alcohol retail trade licence or an entity legally authorised to process payments. Therefore, the Regional State Administrative Agency could not impose the conditions in the retail trade licence based on the grounds it had asserted. The Supreme Administrative Court held that there was no reason to change the outcome of the decision of the Administrative Court of Northern Finland. 

In the three other cases, the Supreme Administrative Court rejected the authorities’ applications for leave to appeal, wherefore the outcome of the decisions of the Administrative Court of Northern Finland was not changed in these cases either.

The Supreme Administrative Court ordered the Regional State Administrative Agencies and the National Supervisory Authority for Welfare and Health to compensate EUR 15,000 of the legal costs incurred by the K-Citymarket stores in each decision.

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Counsel to a leading Finnish company by successfully representing them in an external investigation concerning alleged breach of applicable regulations.

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Counsel to a significant Finnish company as an investigator in an internal investigation regarding substantial financial misconduct and alleged derelictions. The monetary value at stake amounted to millions of euro. The investigation involved AI assisted review of thousands of documents and a number of interviews.

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Counsel to a Finnish company in Market Court proceedings subject to consumer protection law and energy regulation.

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Counsel to a Finnish listed company in its exit from Russia and related sanctions questions.

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Counsel to a Finnish listed company in multiple parallel regulatory proceedings pending before different administrative courts in Finland.

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