DENMARK Law and Practice Contributed by: Thomas Norvold, Søren Locher, Anne Mie Lund and Pawel Weigel, Fabritius Tengnagel & Heine
7. Trials and Hearings 7.1 Trial Proceedings
6.3 Availability of Injunctive Relief on an Ex Parte Basis The request for an injunction or order is considered at a court hearing where the evidence is presented. The court notifies the opposing party of the time and place of the hearing to the extent possible, but noti- fication may be omitted if the court deems it appro- priate to hold the hearing without prior notice to the opposing party or if it is assumed that the purpose of the injunction or order will be forfeited if the opposing party is notified. 6.4 Liability for Damages for the Applicant The applicant will be liable for damages suffered by the respondent if it turns out that the claim forming the basis for the application does not exist to the extent presented. The court may require the creditor to provide security for any harm or inconvenience that may arise from the application. 6.5 Respondent’s Worldwide Assets and Injunctive Relief Injunctive relief can be granted against the worldwide assets of the respondent, provided that this is within the scope of the Brussels I Regulation. 6.6 Third Parties and Injunctive Relief According to the Danish Administration of Justice Act, injunctive relief can only be obtained against a party. However, third parties may intervene as parties during consideration of a request for an injunction or order, insofar as it concerns whether the injunction or order would violate their rights. A third party who has a legal interest in the outcome of a case may also join the case in support of one of the parties. 6.7 Consequences of a Respondent’s Non- Compliance According to the Danish Administration of Justice Act, a respondent who intentionally violates an injunction or order may be fined or imprisoned for up to four months and may also be ordered to pay compensa- tion.
A civil lawsuit is initiated by submitting a writ of sum- mons to the court (see 3.4 Initial Complaint). The court will then perform the service of the submitted writ of summons (see 3.5 Rules of Service). Once the defendant submits a response to the court, the court will schedule a short hearing, which is usu- ally conducted as a conference call. The parties’ attor- neys will attend this hearing, the purpose of which is mainly to organise the preparation of the case, including discussing relevant procedural steps (eg, the appointment of expert witnesses), agreeing on relevant deadlines, and scheduling a final hearing in the case (if possible at that time). After the initial preparatory hearing, the parties may submit additional writs to the court. The preparation mainly takes place in writing. The court may schedule additional preparatory hear- ings (if relevant). The final part is a final hearing in the court, which is structured in the following manner: • the parties state their claims; • the plaintiff makes a chronological and objective presentation of evidence and factual circumstanc- es; • the parties provide testimony to the court; • the witness hearing is conducted; and • the attorneys present their arguments orally. After the final hearing, the court will render a judg- ment. In civil cases, the judgment is normally rendered within four weeks. 7.2 Case Management Hearings See 7.1 Trial Proceedings . 7.3 Jury Trials in Civil Cases Jury trials are not available in civil cases in Denmark.
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