DENMARK Law and Practice Contributed by: Johannes Hedegaard and Tobias Bøgh, Bruun & Hjejle
The Brussels I Regulation and the 2007 Lugano Convention have been incorporated into Danish law through the Danish Act on Recognition and Enforce - ment of Certain Foreign Judicial Decisions within the Area of Civil Law and Commercial Law (the Danish Act on Recognition and Enforcement). The Hague Convention Denmark has acceded to the Hague Convention, which mandates that a judgment rendered by a court in a contracting state, designated through an exclu - sive choice of court agreement, shall, as a general rule, be recognised and enforced in other contracting states, including Denmark. The EU has acceded to the convention on behalf of its member states, but because of Denmark’s opt- out regarding the judicial cooperation in civil matters, Denmark has acceded to the convention indepen - dently. The convention has been incorporated into Danish law through the Danish Act on Recognition and Enforcement in the same way as the Brussels I Regulation and the Lugano Convention. 3.2 Variations in Approach to Enforcement of Foreign Judgments Judgments subject to the Lugano and Hague Con - ventions must be declared enforceable through an exequatur procedure before they can be enforced in Denmark. In contrast, there is no similar formal requirement to apply for the enforceability of judg - ments subject to the Brussels I Regulation, which can be enforced directly. 3.3 Categories of Foreign Judgments Not Enforced As a general rule, there are no specific types of foreign judgments that cannot be recognised and enforced in Denmark provided that the foreign judgement is enforceable under a relevant legal instrument appli - cable in Denmark (eg, the Brussels I Regulation, the Lugano Convention, or the Hague Convention) and is enforceable by its nature. 3.4 Process of Enforcing Foreign Judgments The procedure for enforcing a foreign judgment in Denmark is subject to slight variations according to the applicable treaty or convention under which the
judgment is enforceable in Denmark. The procedure is set out in the relevant treaty or convention supple - mented by provisions in the Danish Act on Recogni - tion and Enforcement and the general rules set out in the Danish Administration of Justice Act. The Brussels I Regulation In accordance with the Brussels I Regulation, a judg - ment given in a member state of the EU which is enforceable in that member state shall be enforce - able in the other member states, including Denmark, without any declaration of enforceability (exequatur procedure) being required. An application for enforcement must be submitted in writing to a relevant bailiff’s court. The application must be accompanied by the documentation set forth in Article 42 of the Brussels I Regulation, including a copy of the judgment which satisfies the conditions necessary to establish its authenticity and a certificate from the court of origin certifying that the judgment is enforceable. Where necessary, certified translated copies of the documentation must be provided to the court. In the absence of any objections from the judgment debtor and provided that the formal requirements are met, the bailiff’s court will then proceed with the enforcement of the judgment in accordance with the general rules set out in the Danish Administration of Justice Act. Should the debtor raise objections, the bailiff’s court will determine whether enforcement should be refused. This decision may be appealed by the judgment creditor, as well as the judgment debtor, to the High Court and subsequently – with the leave of the Appeals Permission Board – to the Supreme Court pursuant to the general rules on appeal under Chapter 37 of the Administration of Justice Act. The Lugano Convention In accordance with the Lugano Convention, a judg - ment given in a state bound by the convention and enforceable in that state shall be enforced in another state bound by the convention, including Denmark, when it has been declared enforceable in the latter. In order for a foreign judgment subject to the Lugano Convention to be declared enforceable in Denmark,
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