DENMARK Law and Practice Contributed by: Johannes Hedegaard and Tobias Bøgh, Bruun & Hjejle
which satisfies the conditions necessary to estab - lish its authenticity and a certificate from the court of origin certifying that the judgment is enforceable. If the bailiff’s court so requires, a certified translation of the documents must be produced. In conjunction with the application, the judgment creditor may also request the actual enforcement of the judgment, ie, in the same application. If the bailiff’s court finds that the formal requirements set out in Article 53 of the convention are met, the judgment must be declared enforceable immediately, without any review of potential grounds for refusal and without the judgment debtor being entitled to make any submissions against the application at this stage (see Article 41 of the Lugano Convention). Pursuant to Section 8b(1) of the Danish Act on the Recognition and Enforcement of Foreign Judgments, a decision by the bailiff’s court on enforceability may be appealed to the High Court in accordance with Chapter 37 of the Danish Administration of Justice Act, subject to any modifications arising from the Lugano Convention. Because the Lugano Conven - tion exhaustively determines the extent to which, and the time limits within which, such a decision may be appealed, the question is governed entirely by the Convention. Accordingly, either party may appeal the decision to the High Court without leave from the Appeals Permis - sion Board (see Article 43 of the Lugano Convention). A further appeal to the Supreme Court may be brought only with leave from the Appeals Permission Board, in accordance with the general rules on appeals set out in Chapter 37 of the Danish Administration of Justice Act (see Article 44 and Annex IV of the Lugano Con - vention). Consistent with this position, in a recent decision published in the Danish Weekly Law Reports (UfR 2025.4573 H), the Danish Supreme Court confirmed that appeals against bailiff’s court decisions on enforceability under the Lugano Convention are gov - erned by Article 43 of the Lugano Convention, and not by Section 389a of the Danish Administration of Justice Act, which requires leave from the Appeals Permission Board and prescribes time limits that differ
from those set out in Article 43 of the Lugano Con - vention. Upon the judgment being declared enforceable by the bailiff’s court, the actual enforcement – eg, attach - ment or other actions of enforcement requested – may be initiated in accordance with the general rules in the Danish Administration of Justice Act, see Sec - tion 8c(1) of the Danish Act on the Recognition and Enforcement of Foreign Judgments. However, until the time limit for appealing the decision on enforceability has expired, or until any appeal has been decided, no forced sale of attached goods or other measures that go beyond ensuring the presence of goods that can be enforced may be conducted (see Section 8c(2) of the Danish Act on the Recognition and Enforcement In accordance with the Hague Convention, a judgment given by a court of a contracting state designated in an exclusive choice of court agreement shall be enforced in other contracting states, including Denmark, if it is enforceable in the state of origin. This requires that the judgment in question be declared enforceable in a manner similar to that applicable with respect to judgments subject to the Lugano Convention. Thus, an application of enforceability must be sub - mitted in writing to a competent bailiff’s court. The application must be accompanied by the documenta - tion set forth in Article 13 of the Convention, including a complete and certified copy of the judgment and the exclusive choice of court agreement or a certified copy thereof. Where appropriate, certified translations of the documents shall be produced. In conjunction with the application, the judgment creditor may also request the actual enforcement of the judgment, ie, in the same application. of Foreign Judgments). The Hague Convention Pursuant to Section 8j(1) of the Danish Act on the Rec - ognition and Enforcement of Foreign Judgments, a decision of the bailiff’s court on enforceability may be appealed to the High Court in accordance with Chap - ter 37 of the Danish Administration of Justice Act, subject to any modifications arising from the Hague Convention. The Hague Convention contains no cor - responding modification; accordingly, Chapter 37 of
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