Kim Trenskow
Kim Trenskow specialises in environmental law, planning law, and other public law. He is also a very sought-after litigator and conductor of independent legal investigations.
Kim advises a large number of business and public sector clients in cases involving environmental and planning law issues, including the interaction between the very extensive and highly complex EU law and the administrative, environmental, planning and public law rules as implemented at national level.
In the field of environmental and planning law, Kim is particularly experienced in identifying and handling transaction-based environmental and planning law issues (business and property transactions). He also offers special expertise in contaminated land, waste legislation, nature conservation and environmental protection laws, drafting and interpreting local development plans, retail trade planning, environmental impact assessments, water supply and protection zones near borings, as well as environmental regulation of industrial activities.
A highly accomplished litigator, Kim has successfully litigated numerous large and complex cases. Over the years, he has conducted well over 300 cases before Danish courts and arbitration tribunals and is also an experienced Supreme Court litigator.
His breadth of expertise include environmental and planning law cases as well as other public-law areas, including public health legislation. His practice has also afforded him substantial experience conducting very large and complex cases in other areas of law, including—notably—the landmark lawsuits brought after the financial crisis.
Lastly, Kim is a very sought-after conductor of independent legal investigations, typically acting on behalf of public authorities.
Clients particularly appreciate his analytical, hands-on, realistic and commercial approach and his ability to deliver the right measure of insight and value to any given assignment.
Background
Career
- Kromann Reumert, Partner, 2003
- Right of audience before the Danish Supreme Court, 2003
Education
- Certified arbitrator 2017
- LL.M., International Environmental Law, London University, 1997
- Admitted to practise law 1996
- Master of Laws (cand. jur.), Aarhus University 1993
Languages
- The Scandinavian languages
- English
Activities
- Member of the General Council of the Danish Bar and Law Society’s Expert Panel on Environmental Law
- Member of the governing body of the Danish Environmental Law Association
- Member of the governing body of the Danish Society of Environmental Lawyers
- Member of the Danish Supreme Court Bar Association
- Formerly external lecturer on environmental and planning law at Aarhus University for many years
Publications
- Book: "Compliance for praktikere" (in English: Compliance for practitioners), published by Djøf Forlag, 2021, the chapter on environment law
- Book: “Projektudvikling af fast ejendom” (Real Estate Project Development), 2005, co-author
- Book: “Havnearealer” (Harbour Areas), 2003, co-author
- Book: “Køb og Salg af Virksomheder” (Purchase and Sale of Businesses), 2019, co-author
- Article: "Interpretation of Article 6(3) of the Habitats Directive in Light of Recent ECJ Case Law", Comparative Law Yearbook of International Business, 2021
- Article: "Ansvarssuccession ved forurenede ejendomme" (Liability Succession in the Context of Polluting Properties), (U.2015B.74/1), co-author
- Article: "Købers indtræden i sælgers miljøretlige retsstilling ved virksomhedsoverdragelse" (Buyer’s Subrogation into the Seller’s Legal Position for Environmental Law Purposes on Transfer of Undertakings), (U.2003B.193)
High-profile cases
Kim has an impressive number of cases under his belt:
- He was and is a part of the teams retained by a government-owned company after the financial crisis to investigate and sue former members of management and auditors of the banks that collapsed during the crisis, including six of the biggest and most high-profile and noteworthy legal actions, most of which were or are being pursued right up to the Supreme (2018-2022).
- He also sits on the team appointed as inquirers on the biggest and most comprehensive Danish commission of inquiry ever (2020-2021).
Moreover, Kim currently represents, among others:
- a Danish industry association (acting as agent) in a series of landmark cases against a State authority, seeking judicial review of the authority’s decisions to cancel environmental approvals citing the Habitats Directive, which cases involve preliminary reference to the European Court of Justice (2021)
- a major utility in the first landmark cases over the validity and assessment of damages in connection with a ban on the use of pesticides in protection zones near borings under s. 24 of the Danish Environmental Protection Act (2021)
- a Danish industry association joining an action over the lawfulness of a department store as a third-party intervener in support of a State authority (2021)
- a Danish municipality in an action against a State authority and a property company over the lawfulness of concrete uses of buildings in relation to the local development plan as in force (2021)
- a large utility in a landmark Supreme Court action over cable law issues (2021)
- the majority of Danish mariculture businesses in connection with the ongoing judicial process on the validity and lawfulness of placing permits and environmental approvals and the operation of existing mariculture facilities (2021)
- a Danish food business operator in an action against a big waste handling, recycling and wastewater company over alleged liability for pesticide contamination and damage to purification plant in the handling of wastewater (2021)
- a Danish Region in an action claiming damages from an external private supplier in the healthcare sector for breach of contract (2021)
- a Danish municipality, conducting an independent legal investigation into irregularities in a social housing association (2021)
Also, Kim has previously represented, among others:
- a Danish Region in an action against a Danish association over the lawfulness of the use and handling of health databases (2019)
- a Danish Region in an investigation into liability for a case of multigenerational pollution (2020)
- a Danish municipality, conducting an independent legal investigation into a school’s and Social Services’ handling of a process in relation to a particular pupil (2019)
- a major international energy company in a Danish action claiming damages for shipments of waste abroad in contravention of the Transport Regulation (2018)