DENMARK Law and Practice Contributed by: Thomas Norvold, Søren Locher, Anne Mie Lund and Pawel Weigel, Fabritius Tengnagel & Heine
• the case value; • the case type; • the plaintiff’s personal or CVR number (if applicable); • a brief description of the case; • a comprehensive presentation of the factual and legal circumstances on which the claim is based; • identification of the documents and other evidence upon which the plaintiff intends to rely; and • the plaintiff’s proposal for the handling of the case, including suggestions for topics to be discussed at the preparatory meeting. If the writ of summons does not meet these requirements and is thus unsuitable as the basis for processing the case, the case will be dismissed by a court decision. The court may also grant the plaintiff a deadline to remedy the deficiencies. Parties can change/modify their claim(s), argu- ments and evidence in subsequent submissions to the court. However, such changes and the basis for the changes will be taken into consid- eration by the court in its decision on costs. 3.5 Rules of Service In Denmark, the court is responsible for the ser- vice of the submitted writ of summons. Other subsequent submissions and/or documents are not subject to service. In civil cases, the service can be performed in the following ways: • electronically; • by letter; • by phone (followed by written confirmation); • by personal service; or
• by publication in the Government Gazette (if the police cannot locate the correct indi- vidual). A party with a residence/seat located outside of Denmark can be sued in Denmark if the writ of summons is submitted to the court, as the court is responsible for the service. The service in such cases will be carried out in accordance with the applicable law and conventions, including the If the defendant does not respond to a summons within the set deadline, the court will render judg- ment in accordance with the plaintiff’s claim, if the court finds that this is justified based on the summons and any other relevant information. The defendant can request the court to reo- pen the case by submitting a written applica- tion within four weeks from the judgment’s pronouncement. In exceptional circumstances, the court may reopen the case if the request is made later but within one year of the judgment’s pronouncement. The court may make the retrial conditional upon the defendant paying the litiga- tion costs imposed on them or providing security for payment. 3.7 Representative or Collective Actions Uniform claims made on behalf of multiple indi- viduals can be handled as a class action in Den- mark. Class actions can be initiated when: • there are uniform claims; • there is jurisdiction for all claims in Denmark; • the court has jurisdiction over one of the claims; Hague Service Convention. 3.6 Failure to Respond
358 CHAMBERS.COM
Powered by FlippingBook