DENMARK Law and Practice Contributed by: Johannes Hedegaard and Tobias Bøgh, Bruun & Hjejle
Lugano Convention As previously stated, according to the Lugano Con - vention, a judgment given in a state bound by the con - vention and enforceable in that state shall be enforced in another state bound by the convention, including Denmark, when, on the application of any interested party, it has been declared enforceable there. A declaration of enforceability shall be refused only on one of the grounds specified in Articles 34 and 35. According to these, enforcement of a judgment shall be refused on grounds which largely replicate the grounds for refusal set out in Article 45 of the Brussels I Regulation. The judgment may not be reviewed as to its sub - stance. According to Article 46 of the Lugano Convention, upon application by the party against whom enforce - ment is sought, the decision on whether to declare a judgment enforceable may be stayed if an ordinary appeal has been lodged against the judgment in the state of origin, or if the period for lodging such an appeal has not yet expired. In a recent 2024 deci - sion, the Eastern High Court (published in the Danish Weekly Law Reports as UfR 2025.455 V) confirmed that the determination of whether to grant a stay pur - suant to Article 46 of the Lugano Convention requires a balancing of interests between the creditor and the debtor. This approach is consistent with the principles established by the ECJ in Case C-183/90, Van Dalfsen As previously stated, according to the Hague Conven - tion, 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 in Denmark, if it is enforceable in the state of origin. Enforcement pursuant to the Hague Convention may be refused only on the grounds specified in the con - vention. Without prejudice to such review as is neces - sary for determining whether the Hague Convention is applicable to the judgment, there may be no review of the merits of the judgment given by the court of origin. et al, paragraph 23. Hague Convention
Recognition or enforcement may be postponed or refused if the judgment is the subject of review in the state of origin, or if the time limit for seeking ordinary review has not expired. In addition, pursuant to Article 9, enforcement may be refused if: the court of choice agreement was null and void under the law of the state of the chosen court, unless the chosen court has determined that the agreement is valid; • a party lacked the capacity to conclude the agree - ment under the laws of Denmark; • the document which instituted the proceedings, or an equivalent document including the essential elements of the claim: i) was not notified to the defendant in sufficient time and in such a way as to enable them to arrange for their defence, unless the defendant appeared and presented their case without contesting notification in the court of origin, provided that the law of the state of origin permit - ted notification to be contested; or ii) was notified to the defendant in Denmark in a manner that is incompatible with the fundamental principles of the laws of Denmark concerning service of documents; • the judgment was obtained by fraud in connection with a matter of procedure; • recognition or enforcement would be manifestly incompatible with the public policy of Denmark ( ordre public ), including situations where the specific proceedings leading to the judgment were incompatible with fundamental principles of proce - dural fairness recognised in Denmark; • the judgment is inconsistent with a judgment given in Denmark in a dispute between the same parties; or • the judgment is inconsistent with an earlier judg - ment given in another state between the same parties on the same cause of action, provided that the earlier judgment fulfils the conditions necessary for its recognition in Denmark. Enforcement may also be refused if, and to the extent that, the judgment awards damages, including exem - plary or punitive damages, that do not compensate a party for actual loss or harm suffered.
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