DENMARK Law and Practice Contributed by: Thomas Norvold, Søren Locher, Anne Mie Lund and Pawel Weigel, Fabritius Tengnagel & Heine
10.2 Rules Concerning Appeals of Judgments According to the Danish Administration of Jus- tice Act, the parties can appeal a court judgment ( anke ) or other decisions ( kære ), such as deci- sions on costs. As described in 1.2 Court System , cases are normally heard by the district court in the first instance, with the possibility of appeal to the high court. However, claims with a value up to DKK20,000 can only be appealed with the permission of the Danish Appeals Permission Board. The possibility of appealing a case a second time (to be heard in the third instance) requires permission from the Danish Appeals Permission Board. The high court may decline to hear a case at the second instance if there is no prospect that the outcome of the case will differ from that in the district court, and the case is not of a prin- cipled nature or there are no other reasons in favour of the case being heard by the court of appeals. However, the high court cannot decline a case that has been brought after permission from the Danish Appeals Permission Board has been granted. Most decisions other than judgments – including interim decisions – cannot be appealed without permission from the Danish Appeals Permission Board. 10.3 Procedure for Taking an Appeal An appeal is initiated by submitting a writ of appeal to the court whose judgment is being appealed, which shall then send the case docu- ments to the appellate court. The defendant is
In the case of legal proceedings, interest can be demanded from the day the case is filed in court. Interest is calculated until the payment date, unless the interest has become time barred, in which case it is generally subject to a three-year statutory limitation (see 3.2 Statutes of Limita- tions ). According to the Interest Act, the default interest rate is 8% per annum plus the official lending rate set by the Central Bank of Denmark. 9.4 Enforcement Mechanisms of a Domestic Judgment Domestic judgments can be directly enforced in the enforcement court. If a judgment concerns a monetary claim, it is possible to enforce the judgment at the enforcement court, which can involve securing the debt in the debtor’s assets and conducting a forced sale, if necessary. The enforcement court can also assist in maintaining injunctions and prohibitions. Judgments can be enforced 14 days after they are issued by the court, unless the case is appealed before the expiration of this deadline. 9.5 Enforcement of a Judgment From a Foreign Country Judgments from foreign countries are enforce- able on the basis of bilateral agreements. In this regard, the Brussels I Regulation and the Lugano Convention apply in Denmark. 10. Appeal 10.1 Levels of Appeal or Review to a Litigation See 1.2 Court System .
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