DENMARK Law and Practice Contributed by: Johannes Hedegaard and Tobias Bøgh, Bruun & Hjejle
2.2 Enforcement of Domestic Judgments There are different options for enforcing a domestic judgment in Denmark, depending on the subject of the judgment. Monetary Claims If the judgment concerns payment of a sum of money, it can be used for attachment of the debtor’s assets. This is done by submitting a request to the competent bailiff’s court in accordance with the provisions set out in the Danish Administration of Justice Act. The application must be accompanied by the judgment which serves as the basis for the attachment. Attachment may be made in cash assets as well as property, immovable property, claims in favour of the debtor, and all other assets that can be established. Once an attachment has been made, the judgment creditor may request that the assets attached be sold at a forced sale, which enables the judgment creditor to finally obtain satisfaction of their claim. If a claim on a third party in favour of the judgment debtor is attached, the judgment creditor becomes entitled to receive payments from the debtor of the claim in accordance with the general rules on assignment of claims, provided that the debtor of the claim is prop - erly notified. In the event that the judgment debtor possesses tangible currency, such funds shall usu - ally be surrendered to the creditor immediately upon attachment. Enforcement of Judgments Other Than Monetary Claims To enforce a judgment that requires the other party to perform or refrain from performing a specific act (other than paying a sum of money), an application must be made to an authorised bailiff’s court. The application must be accompanied by the judgment which serves as the basis for the enforcement. According to Chapter 48 of the Danish Administration of Justice Act, the bailiff’s court has several enforce - ment measures at its disposal to enforce the judg - ment, depending on the content of the specific judg - ment.
Default Judgments If the defendant fails to appear in court or does not submit a pleading within the timeframe stipulated by the court, the court may, depending on the circum - stances, issue a default judgment in favour of the plaintiff, provided that the claim is substantiated by the plaintiff’s presentation of the case and the evi - dence submitted in support of the claim. However, if a default judgment has been issued against the defendant, the defendant is entitled to request a reopening of the case within a period of four weeks following the issuance of the default judgment. In exceptional circumstances, the court may grant the reopening of the case if the request is submitted later than four weeks but within one year of the default judgment. Injunctive Relief In accordance with the provisions of Chapter 40 of the Danish Administration of Justice Act, a party may peti - tion the court for injunctive relief with a view to com - pelling another party to abstain from, or to carry out, or tolerate certain acts in order to protect or uphold the rights of the party seeking the injunctive relief. In order to obtain injunctive relief, the party requesting it must demonstrate: • that it has, or likely has, the right to seek to be protected by the injunctive relief; • that the other party’s behaviour necessitates the granting of the injunctive relief; and • that the party’s opportunity to obtain their right will be lost if they are ordered to await the outcome of an ordinary civil action. The objective of the procedure regarding injunctive relief is to provide an aggrieved party with the means to swiftly prevent or impose a specific course of action upon another party violating its rights. As injunctive relief is solely an interim measure, it must be followed up by the commencement of ordinary civil action no later than 14 days after the court’s decision to grant injunctive relief has become final.
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