DENMARK Law and Practice Contributed by: Thomas Norvold, Søren Locher, Anne Mie Lund and Pawel Weigel, Fabritius Tengnagel & Heine
9.5 Enforcement of a Judgment From a Foreign Country Judgments from foreign countries are enforceable under bilateral agreements. In this regard, the Brus- sels I Regulation and the Lugano Convention apply in Denmark.
court. The defendant is required to submit a written response, unless they only seek to have the judgment confirmed. The deadline for filing an appeal is four weeks from the date of the judgment, but in exceptional cases, the appellate court may allow an appeal to be filed up to one year after the judgment. 10.4 Issues Considered by the Appeal Court at an Appeal The appeal court will make its own assessment of the appealed part of the claim. The appeal case ends with a final oral hearing, which is generally conducted in the same way as the final hearing in the first instance; see 7.1 Trial Proceedings for further details. Witness- es who gave their testimony in court during the first instance do not need to be heard again regarding the same matters on which they testified in the first instance. It is possible to conduct appeal proceedings without an oral hearing if: • the parties agree on this; • the subject of the hearing is solely whether the appeal can proceed; or • it is otherwise deemed appropriate due to the spe- cific nature of the case. If the opposing party raises an objection, any claims or allegations that were not presented in the previ- ous instance can only be considered with the court’s permission. The court may grant this permission if it finds that there is a valid reason these claims and arguments were not brought earlier, or if denying per- mission would result in an unfair disadvantage to the party involved. In an appeal to the high court, permis- sion may also be granted if the opposing party has had sufficient opportunity to safeguard their interests. Claims and allegations that have not been asserted in the previous instance and that would necessitate the court to consider matters that were not heard before the previous instance may be refused by the court during the appeal, even if the opposing party does not object.
10. Appeal 10.1 Levels of Appeal or Review to a Litigation See 1.2 Court System .
10.2 Rules Concerning Appeals of Judgments According to the Danish Administration of Justice Act, the parties can appeal a court judgment ( anke ) or other decisions ( kære ), such as decisions on costs. As described in 1.2 Court System , cases are normally heard by the district court in the first instance, with the possibility of appeal to the High Court. However, claims with a value up to DKK50,000 can only be appealed with the permission of the Danish Appeals Permission Board. The possibility of appealing a case a second time (to be heard in the third instance) requires permission from the Danish Appeals Permission Board. The high court may decline to hear a case at the sec- ond instance if there is no prospect that the outcome of the case will differ from that in the district court, and the case is not of a principled nature, or there are no other reasons in favour of the case being heard by the court of appeals. However, the high court cannot decline a case that has been brought after permission from the Danish Appeals Permission Board has been granted. Most decisions other than judgments – including inter- im decisions – cannot be appealed without permission from the Danish Appeals Permission Board. 10.3 Procedure for Taking an Appeal An appeal is initiated by submitting a writ of appeal to the court whose judgment is being appealed, which shall then send the case documents to the appellate
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