DENMARK Law and Practice Contributed by: Thomas Norvold, Søren Locher, Anne Mie Lund and Pawel Weigel, Fabritius Tengnagel & Heine
8.4 Setting Aside Settlement Agreements Settlements are considered as agreements that are contractually binding for the parties – if the settlement is valid from the perspective of Dan- ish contractual law, it cannot be set aside. 9. Damages and Judgment 9.1 Awards Available to the Successful Litigant The award available to a successful litigant will depend on the type of case and the claim pre- sented before the court. A successful litigant will obtain an award that corresponds to the presented claim, if such claim is within the scope of the types of claims that can be made according to the law. • Monetary claims: a successful litigant will receive a judgment in which a monetary claim is established and can be enforced through the enforcement court. • Recognition claims: a successful litigant will receive a judgment in which the actual circumstances or interpretation of law is determined by the court. Such a judgment can most often not be enforced through the enforcement court, but a party can incur liability if it acts contrary to what has been determined. • Prohibition/injunctions claims: a successful litigant will receive a judgment whereby the opposing party must take action or refrain from taking a specific action. • Claims demanding freeze of funds: a suc- cessful litigant will receive a judgment according to which the opposing party’s assets are frozen.
9.2 Rules Regarding Damages In Danish law, general liability for damages is not regulated by legislation but can instead be inferred from legal precedent. The following conditions must be met to estab- lish liability for damages: • there must be a damage that has affected someone other than the wrongdoer; • there must be a basis for liability – the wrong- doer must have engaged in conduct that incurs liability; • there must be a causal connection between the wrongdoer’s actions and the damage incurred; • the damage must be adequate; • there must be no grounds for exemption from liability; and • there must be a financial loss. The damages are limited by the actual suffered (and proven) financial loss. In this regard, the party that suffered the loss has an obligation to limit the loss (if possible). Punitive damages are generally not available in Danish law; the pos- sibility of receiving damages that exceed the actual financial loss is very limited in Danish law. 9.3 Pre-judgment and Post-judgment Interest The possibility of collecting interest under Dan- ish law is regulated by the Interest Act. However, special legislation in specific areas may contain separate rules. According to the Interest Act, interest must be paid from the due date if such date has been predetermined. If the due date is not predeter- mined, interest must be paid 30 days from the demand for payment.
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