DENMARK Law and Practice Contributed by: Thomas Norvold, Søren Locher, Anne Mie Lund and Pawel Weigel, Fabritius Tengnagel & Heine
5.6 Rules Disallowing Disclosure of a Document The same rules apply as for witness testimonies; see 5.1 Discovery and Civil Cases . 6. Injunctive Relief 6.1 Circumstances of Injunctive Relief Please see 4.1 Interim Applications/Motions . It is possible to request the court to order a person to temporarily perform, refrain from, or tolerate specific actions through an injunction or order. Injunctions or orders can be issued if the party requesting the injunction or order demonstrates that: • they have the right sought to be protected by the injunction or order; • the conduct of the opposing party necessi- tates the issuance of the injunction or order; or • the party’s ability to obtain their right will be forfeited if they are required to await the legal resolution of the dispute. 6.2 Arrangements for Obtaining Urgent Injunctive Relief See 4.7 Application/Motion Timeframe . 6.3 Availability of Injunctive Relief on an Ex Parte Basis The request for an injunction or order is consid- ered at a court hearing where the evidence is presented. The court notifies the opposing party of the time and place of the hearing to the extent pos- sible, but notification may be omitted if the court
deems it appropriate to hold the hearing with- out prior notice to the opposing party or if it is assumed that the purpose of the injunction or order will be forfeited if the opposing party is notified. 6.4 Liability for Damages for the Applicant The applicant will be liable for damages suffered by the respondent if it turns out that the claim forming the basis for the application does not exist to the extent presented. The court may decide that the creditor must provide security for the harm and inconvenience that may be caused by the application. 6.5 Respondent’s Worldwide Assets and Injunctive Relief Injunctive relief can be granted against the worldwide assets of the respondent, provided that this is within the scope of the Brussels I Regulation. 6.6 Third Parties and Injunctive Relief According to the Danish Administration of Jus- tice Act, injunctive relief can only be obtained against a party. However, third parties may inter- vene as a party during the consideration of the request for an injunction or order, insofar as it concerns the question of whether the injunction or order would violate their rights. A third party who has a legal interest in the out- come of a case may also join the case in support of one of the parties. 6.7 Consequences of a Respondent’s Non-compliance According to the Danish Administration of Jus- tice Act, a respondent who intentionally violates an injunction or order may be sentenced to a fine
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