DENMARK Law and Practice Contributed by: Thomas Norvold, Søren Locher, Anne Mie Lund and Pawel Weigel, Fabritius Tengnagel & Heine
3.6 Failure to Respond If the defendant does not respond to a summons with- in the set deadline, the court will render judgment in accordance with the plaintiff’s claim if the court finds that this is justified based on the summons and any other relevant information. The defendant may request that the court reopen the case by submitting a written application within four weeks of the judgment’s pronouncement. In excep- tional circumstances, the court may reopen the case if the request is made later but within one year of the judgment’s pronouncement. The court may make the retrial conditional upon the defendant paying the liti- gation costs imposed on them or providing security for payment. 3.7 Representative or Collective Actions Uniform claims made on behalf of multiple individuals can be handled as a class action in Denmark. Class actions can be initiated when: • there are uniform claims; • there is jurisdiction for all claims in Denmark; • the court has jurisdiction over one of the claims; • the court has jurisdiction with regard to one of the claims regarding the subject matter; • a class action is deemed to be the best way to handle the claims; • the group members can be identified and notified about the case in an appropriate manner; and • a class representative can be appointed. • Class actions are managed for the group by a rep- resentative appointed by the court. In Denmark, both opt-in and opt-out class actions are possible. However, opt-out class actions can only be initiated if the class action pertains to claims where it is clear that, due to their small size, they generally cannot be expected to be pursued through individual lawsuits, and it is assumed that a class action with opt-in registration would not be an appropriate way to handle the claims; upon request from the class representative, the court may decide that the class action should include the class members who have not opted out of the class action.
In opt-out class actions, the class representative can only be a public authority authorised by law to act as such. In opt-in class actions, the class representative can be a group member, an association or a public authority. 3.8 Requirements for Cost Estimate When the client is a consumer, the attorney must provide the client with written and direct information about the key elements of the anticipated assistance, the determination of fees, and the costs associated with the assistance. When the client is not a consumer, the attorney must provide them with a cost estimate upon request. Under the Danish Administration of Justice Act, a party may apply to the court for an interim injunction before trial. The enforcement court can freeze assets as security for monetary claims when: • execution of the claim is not possible (as no judg- ment has yet been obtained); and • it is presumed that the possibility of obtaining coverage later would otherwise be significantly impaired. The enforcement court may order the creditor to pro- vide security for the harm and inconvenience that may be caused to the debtor. 4.2 Early Judgment Applications The court may decide that the preparation or main hearing should initially be limited to a part of the claim at issue, or to a single claim or issue when the case includes multiple claims or issues. 4. Pre-Trial Proceedings 4.1 Interim Applications/Motions The court can make a separate decision regarding a part of the claim that the case concerns. If the case involves multiple claims or issues, the court may ren- der a separate decision regarding one of these. For example, the court may consider that the issue of the
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