DENMARK Law and Practice Contributed by: Erik Kjær-Hansen, Josephine Alsing and Victoria Krebs Dissing, Gorrissen Federspiel
13. Looking Forward 13.1 Legislative Trends and Other Developments
costs associated with the proceedings, either fully or partially. However, it is at the discretion of the courts to determine the amount to be recovered, and this amount generally falls short of covering the actual costs incurred. Under Danish law, there is no general obligation to provide security for the costs. Nevertheless, a court fee is mandated upon the initiation of a civil claim or injunction proceeding (see the Danish Act on Court Fees). The Danish legal system is based on a two-instance principle. This means that parties to a case gener - ally have the option to appeal a court’s judgment to a higher court within a four-week period. The higher court can either uphold, overturn or modify the judg - ment. The Appeals Permission Board ( Procesbevilling- snævnet ) may grant permission for a third-instance appeal if the case raises issues of principle. In certain specific cases, a judgment of the Maritime and Com - mercial High Court may be appealed directly to the Supreme Court as the court of the second instance. This generally requires that the case raises issues of principle or has significant societal impact. 12. Appeals 12.1 Basis of Appeal Appeals can be based on both factual and legal argu - ments, allowing for a comprehensive review of the case.
Several cases of private antitrust litigation are cur - rently pending before Danish courts; these are both standalone cases and follow-on cases. This is a novel development, as traditionally such cases have been relatively few. The authors expect to see more antitrust litigation regarding abuse of dominance, including standalone cases. They also expect to see more decisions interpreting the Competition Damages Act, particularly in light of the emergence of ECJ case law relating to the EU Damages Directive.
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