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Supreme Court of Denmark

Judge was not disqualified 

Case no. 145/2015

Order made on 6 November 2015

DONG Energy Thermal Power A/S (formerly Energi E2)
50Hertz Transmission GmbH

Supreme court judge was not disqualified due to his former job as a lawyer

50Hertz Transmission requested that the Supreme Court's judgment of 13 Maj 2015 in case no. 298/2013 be reopened. The issues in the case related to the period from 2004 to 30 June 2006. 50Hertz Transmission believed that a supreme court judge was disqualified due to his former job as a lawyer for DONG.

The supreme court judge used to be a partner in a law firm and had the then DONG as his client during the period from 1986 and until he was appointed supreme court judge on 1 April 2003. He had never represented Energi E2, which only merged with DONG on 1 July 2006, and he had been a supreme court judge for 12 years.

The Supreme Court held that neither the supreme court judge's participation in the hearing of case no. 298/2013 nor his participation in the hearing of the request for reopening could not lead to any doubt about his full impartiality.

Accordingly, the request for reopening was not granted.

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