DENMARK Law and Practice Contributed by: Johannes Hedegaard and Tobias Bøgh, Bruun & Hjejle
the Danish Administration of Justice Act governs the right of appeal. A further appeal to the Supreme Court may be brought only with leave from the Appeals Per - mission Board, in accordance with the general rules on appeals set out in Chapter 37 of the Danish Admin - istration of Justice Act (see Section 8j(2) of the Danish Act on the Recognition and Enforcement of Foreign Judgments). 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 8k(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 8k(2) of the Danish Act on the Recognition and Enforcement of Foreign Judgments). 3.5 Costs and Time Taken to Enforce Foreign Judgments The time and costs involved in enforcing a foreign judgment are typically the same as those for enforc - ing a domestic judgment. Please refer to section 2.3 Costs and Time Taken to Enforce Domestic Judg- ments . 3.6 Challenging Enforcement of Foreign Judgments The grounds upon which the enforcement of foreign judgments can be challenged are dependent on the relevant treaty or convention on which the enforce - ment is based. Brussels I Regulation As previously stated, pursuant to the Brussels I Regu - lation, a judgment given in a member state which is enforceable in that member state shall be enforced in other member states, including in Denmark, without any declaration of enforceability being required. In accordance with Section 2 (3) of the Danish Act on Recognition and Enforcement, the party against whom
enforcement is sought may request that enforcement be refused in accordance with Articles 41 (2) and 46 of the Brussels I Regulation. Pursuant to Article 46, enforcement of a judgment may be refused if one or more of the grounds set forth in Article 45 are substantiated. Thus, enforcement may be refused if: • the judgment is manifestly contrary to Danish pub - lic policy ( ordre public ); • the writ of summons, etc, in judgments given by default has not been properly served on the defendant; • the judgment is irreconcilable with a judgment given between the same parties in Denmark; • the judgment is irreconcilable with an earlier judgment given in another member state or in a third state involving the same cause of action and between the same parties, provided that the earlier judgment fulfils the conditions necessary for recog - nition in Denmark; • the Brussels I Regulation’s rules on jurisdiction in insurance, consumer and individual labour contract cases have been violated; or • the judgment is contrary to the Brussels I Regula - tion’s rules on exclusive jurisdiction. In accordance with Article 41 (2) of the Brussels I Reg - ulation, enforcement may also be refused or suspend - ed on the basis of grounds for refusal or suspension under national law, provided that such grounds are not incompatible with those provided for in Article 45. This means, inter alia, that enforcement may be refused or suspended if the conditions set out in Sections 501 or 502 of the Danish Administration of Justice Act are fulfilled (see 2.5 Challenging Enforcement of Domes- tic Judgments ). Also, according to Article 51, enforcement proceed - ings may be stayed if an ordinary appeal has been lodged against the judgment in the member state of origin or if the time for such an appeal has not yet expired. An applicable judgment of another state under the Brussels I Regulation may not be reviewed as to its substance.
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