DENMARK Law and Practice Contributed by: Flemming Elbæk, Helle Ina Elmer, Mads Lund and August Reinhold, HaugaardBraad
• Supreme Court, 25 June 2025 (BS- 63777/2024-HJR) – the court found no strict liability for a property owner after an oil supplier’s driver mistakenly filled a pipe to a removed under- ground tank, causing a spill. The pollution resulted from the driver’s gross negligence, not from any fault or omission by the owner. The Supreme Court acquitted the owner, clarifying the limits of the Danish Environmental Damage Compensation Act ( miljøskadeerstatningsloven ), reaffirming the fault- based principle. • Supreme Court, 16 January 2018 (No 3/2017) – severe glare from black-glazed roof tiles exceeded the neighbour-law tolerance threshold, constituting an unreasonable nuisance. The Supreme Court granted an injunction requiring the homeowners to remove the glare within three months and held that the neighbour’s claim was not barred by passivity. • Supreme Court, 17 May 2017 (No 224/2015) – a district heating plant was found strictly liable under the Danish Environmental Damage Compensation Act ( miljøskadeerstatningsloven ) for a wastewater utility’s additional sludge-treatment costs result- ing from cadmium contamination. The plant was ordered to pay nearly DKK1.8 million in damages. 11. Contractual Agreements 11.1 Transferring or Apportioning Liability Under Danish law, indemnities and contractual risk- allocation clauses can validly transfer or apportion liability for environmental damage or breaches of law between private parties, such as in sale, lease or financing agreements. Parties may agree that one side (eg, the seller or operator) will indemnify the other for cleanup costs, third-party claims, etc. However, such provisions operate only inter partes. Regulators retain full statutory powers to issue reme- diation orders or administrative enforcement against the legally responsible entity irrespective of private agreements. Danish contract law and general principles prevent the enforcement of clauses that would effectively waive or exclude liability for intentional or grossly negli- gent conduct, or that would contravene mandatory
environmental legislation. In practice, environmental indemnities are carefully drafted to allocate economic risk without undermining regulatory accountability. 12. Contaminated Land 12.1 Key Laws Governing Contaminated Land The legal framework for contaminated land in Den- mark is primarily governed by the Danish Contami- nated Soil Act ( Jordforureningsloven ), which sets rules for preventing, identifying and remediating soil contamination, including mapping, remediation orders and land-use controls. Regulatory authorities apply a risk-based approach to remediation, prioritising interventions where contami- nation poses a risk to groundwater, surface water or residential areas. If the polluter cannot be identified or is insolvent, authorities may undertake publicly funded remediation for serious pollution. The general regula- tory focus is on risk reduction and containment rather than full removal of contamination, ensuring land can In Denmark, the responsibility for clearing up con- taminated land rests primarily with the polluter, who under the polluter-pays principle must undertake and finance the necessary remediation measures. This responsibility is established in the Danish Con- taminated Soil Act ( Jordforureningsloven ) and the Danish Environmental Damage Act ( Miljøskadeloven ). If the polluter cannot be identified or is insolvent, the authorities may initiate remediation under public pro- grammes, prioritising sites that pose a risk to drink- ing water, human health or sensitive land uses. The landowner may be required to tolerate investigations or cleanup on their property, even if they are not per- sonally responsible. Responsibility may be contractually delegated – for instance, in sale or lease agreements through indem- nities or warranties – but such private arrangements only have binding effect inter partes. Regulatory authorities remain entitled to issue orders against the be safely used for its intended purpose. 12.2 Clearing Contaminated Land
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