Date 06.09.2023
Hjort has assisted the Danish company Bio Recycling ApS (plaintiff), which was awarded NOK 30 million in compensation in the district court. The judgment is not final.
The case stems from a contract where Bio Recycling was supposed to purchase a by-product from ScanBio Ingredients AS’ fish oil production. Bio Recycling resold the by-product for biogas production in Denmark. When gas prices soared during the outbreak of the conflict in Ukraine, the market value of the by-product increased. ScanBio subsequently demanded an upward adjustment of the price for the by-product.
When Bio Recycling opposed the price adjustment, ScanBio refused to continue its deliveries under the agreement.
The district court concluded that the parties had agreed on a fixed price and that ScanBio did not have the right to adjust the price. Furthermore, the district court concluded that the limitation of liability clause in the standard terms could not be invoked, thereby not limiting Bio Recycling’s claim for compensation for lost profit.
See NRK’s coverage of the case and the court’s decision here.
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