Shipping 2026

DENMARK Law and Practice Contributed by: Johannes Grove Nielsen, Camilla Søgaard Hudson, Lars Rosenberg Overby and Malthe Hersom Kløft, Bech-Bruun

In addition, Denmark has adopted the Rotterdam Rules and parts of the 1978 Hamburg Rules, even though Denmark is not a party to the latter. 4.2 Title to Sue on a Bill of Lading Under Danish law, the rightful holder of a bill of lad - ing has title to sue on the bill of lading. Rights under a bill of lading, including title to sue, are transferred when the bill of lading is validly transferred. To what extent a bill of lading can be transferred depends on its wording. It can be issued to a specific person, to order or to a bearer: • if it is issued to a specific person, it cannot be transferred, and only that person has the right to sue; • if it is issued to order, any person who by a con - secutive series of transfers can prove that they are the rightful owner has title to sue on the bill of lading; and • if it is issued to the bearer, any person who has the bill of lading in their possession has the rights. However, it must be noted that the carrier is respon - sible for the goods while the goods are in the custody of the carrier, and anyone able to prove a legal interest related to the goods is, under Danish law, permitted to sue the carrier, irrespective of whether the plaintiff is the holder of a bill of lading. The bill of lading is decisive for the legal relation - ship between the issuer of the bill of lading and the person who, with the bill of lading in hand, demands delivery of the cargo. Moreover, under Danish law, a cargo interest may sue a carrier for damage due to loss or damage of cargo under the general rules on non-contractual liability. 4.3 Ship-Owners’ Liability and Limitation of Liability for Cargo Damages A carrier (whether the performing carrier or contractual carrier) is responsible for the goods while the goods are in the custody of the carrier in the port of loading, during transport and in the port of discharge. The carrier is liable for losses arising out of damage to or loss of goods, as well as for delay, while those goods are in the custody of the carrier, unless the car -

rier substantiates that fault or neglect by the carrier or someone for whom the carrier is liable did not cause the loss or damage. The carrier is not liable for loss or damages caused by fault or neglect in the navigation or the manage - ment of the ship. Similarly, the carrier is not liable for loss or damages caused by fire, unless caused by the actual fault or privity of the carrier. The carrier is also exempted from liability for damage done to live animals during transportation. Notwithstanding this, the carrier is liable for loss due to unseaworthiness caused by want of due diligence on the part of the carrier to make the ship seaworthy. The contracting carrier, as well as the performing car - rier and anyone for whom the carrier is liable, may limit the liability arising out of the carriage of goods by sea. Thus, the liability shall not exceed 667 SDR for each package, other shipping unit or 2 SDR per kilogram of gross weight of the goods lost, damaged or delayed (whichever is the higher). A carrier may not limit liability arising out of the car - riage of goods by sea if it is proved that the loss result - ed from an act or omission of the person done with the intent to cause that loss, or done recklessly and with knowledge that such a loss would probably result. 4.4 Misdeclaration of Cargo According to the Danish Merchant Shipping Act, dan - gerous goods must be marked or labelled as danger - ous in a suitable manner. The shipper must inform the carrier, and the sub-carrier to whom the goods are delivered, in good time of the dangerous character of the goods and, if necessary, state the precautions to be taken. In the event that the shipper is otherwise aware that the goods are of such a character that their carriage could cause danger or serious nuisance to persons, the vessel or other cargo, the shipper must also pro - vide information about this. If the goods are to be treated with special care, the shipper must inform the carrier accordingly in good time and state the meas - ures that may be necessary.

220 CHAMBERS.COM