Encyclopedia of Private International Law
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Encyclopedia of Private International Law

Edited by Jürgen Basedow, Giesela Rühl, Franco Ferrari and Pedro de Miguel Asensio

The role and character of Private International Law has changed tremendously over the past decades. With the steady increase of global and regional inter-connectedness the practical significance of the discipline has grown. Equally, so has the number of legislative activities on the national, international and, most importantly, the European level. With a world-class editor team, 500 content items and authorship from almost 200 of the world’s foremost scholars, the Encyclopedia of Private International Law is the definitive reference work in the field. 57 different countries are represented by authors who shed light on the current state of Private International Law around the globe, providing unique insights into the discipline and how it is affected by globalization and increased regional integration. The Encyclopedia consists of three inter-linked pillars, enhanced by sophisticated search and cross-linking functionality. The first pillar consists of A-Z coverage of the scope and substance of Private International Law in the form of 247 entries. The second pillar comprises detailed overviews of the Private International Law regimes of 80 countries. The third pillar presents valuable, and often unique, English language translations of the national codifications and Private International Law provisions of those countries. This invaluable combination represents a powerful research tool and an indispensable reference resource.
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Denmark

The Administration of Justice Act1

Consolidation Act 2014-12-09 No 1308 as amended by L 2015-02-24 No 176

[…]

  • Unless otherwise provided by law, proceedings must be instituted in the defendant’s home court.

    • The home court is the court for the judicial district in which the defendant is resident. If the defendant is resident in more than one judicial district, the home court is the court for any such district.

    • If the defendant does not reside anywhere, the home court is the court for the judicial district in which he is currently staying.

    • If the defendant does not reside anywhere and his whereabouts are unknown, the home court is the court for the judicial district in which he was most recently resident or staying.

  • For Danish nationals resident abroad and non-resident in Denmark who are not subject to the judicial authority of their host country, the home court is in Copenhagen.

  • Legal proceedings against persons carrying on business may, if the case concerns the business, be instituted in the court for the district from which the business is carried on.

  • For companies, associations, private institutions and other collective entities capable of being a party to proceedings, the home court is the court for the judicial district in which the main office is located or, in the absence of information about such main office, one of the members of the board of directors or the executive board is resident.

    • Legal proceedings against the collective entities mentioned in subsection (1) which carry on business outside the judicial district of their home court may, if the case concerns the business, be instituted in the court for the district from which such business is carried on.

    • (3) Legal proceedings concerning the collective entity which are instituted by the collective entity against individual members or which arise among its members may be instituted in the home court of the collective entity.

    • Legal proceedings involving claims for damages against promoters, members of the board of directors and members of the executive board of the collective entities mentioned in subsection (1) may be instituted in the home court of the collective entity.

  • The home court of regions and municipalities is the court for the judicial district of the main office.

  • The home court of the State is the court for the judicial district in which the office of the authority being sued on behalf of the State is located.

    • Subject to section 245, proceedings concerning judicial review of decisions made by a central government authority must be instituted in the plaintiff’s home court if the plaintiff’s home court is in Denmark.

  • Legal proceedings concerning real estate rights may be instituted in the court for the judicial district in which the property is located.

  • Legal proceedings concerning contractual relationships may be instituted in the court for the judicial district in which the obligation giving rise to the claim has been performed or is to be performed.

    • p. 3138The provision of subsection (1) does not apply to money claims unless the claim arose during a stay in the district under circumstances which would require the claim to be paid before departure from the place.

  • Legal proceedings involving a claim for penalty, damages or redress as a result of a legal wrong may be instituted in the court for the judicial district in which the legal wrong was committed.

  • In cases concerning consumer agreements not concluded by enquiry in person at the permanent establishment of the trader, the consumer may institute proceedings against the trader in his own home court.

  • The parties may agree in which of any equally competent courts to institute proceedings.

    • In legal proceedings concerning consumer agreements, a prior jurisdiction agreement is not binding on the consumer.

  • a. If the total number of cases being processed by a district court and its processing time so warrant, the district court which is the competent court according to the provisions of this Part may transfer the case to a neighbouring district subject to agreement with the president of the relevant court, if a decision by such court may be expected much sooner. Before the court decides to transfer a case, the parties must be allowed to comment on the issue.

  • Legal proceedings against persons, companies, associations, private institutions and other collective entities whose home court is not in Denmark may be instituted in this country provided that any court may be deemed to have jurisdiction in the matter under the provisions of sections 237, 238(2), 241, 242, 243 and 245. In cases concerning consumer agreements, the consumer may institute proceedings against the persons and collective entities mentioned in subsection (1) in his own home court if the making of a special offer or advertising in Denmark has preceded the conclusion of the agreement and the consumer has made the arrangements necessary for the agreement to be concluded in this country.

    • Where no court may be deemed to have jurisdiction in the matter under subsection (1), legal proceedings concerning the law of obligations and property against the persons mentioned in subsection (1) may be instituted in the court for the judicial district in which they are staying when the writ of summons is served.

    • Legal proceedings concerning the law of obligations and property against the persons and collective entities mentioned in subsection (1) may also, in the absence of jurisdiction under the provision of subsection (1), be instituted in the court for the judicial district in which the person or collective entity in question holds assets at the time when proceedings are instituted or in which the assets in question are located at the time when proceedings are instituted. If attachment of assets is prevented by provision of security, such security will be deemed to be an asset located in the district in which the request for an attachment order was filed or was to have been filed.

  • a. Legal proceedings concerning confirmation of a ship arrest order and concerning the debt giving rise to the arrest may be instituted in the court for the district in which the arrest was made or was to be made had it not been prevented by provision of security.

  • In cases falling within the scope of an international convention implemented into Danish law by the EC Judgments Convention etc. Act (lov om EF-domskonventionen m.v.) or the Brussels I Regulation etc. Act (lov om Bruxelles I-forordningen m.v.), including by executive order issued in pursuance of the said enactments, the jurisdiction provisions of the convention apply. The above does not apply to proceedings instituted in the court mentioned in section 246a and falling within the scope of the Convention of 10 May 1952 relating to Arrest of Sea-Going Ships.

    • Where, under other Danish law, there is no jurisdiction to hear a case which must or may be instituted in this country under an international convention as provided for in the first sentence of subsection (1), the proceedings must be instituted in the plaintiff’s home court or, where the plaintiff’s home court is not in this country, in Copenhagen.

  • The court must ensure on its own initiative that it has territorial jurisdiction over the case. If the defendant does not object to the court’s jurisdiction in the defence or at the court hearing provided for in section 352(3), the court will be deemed to have jurisdiction.

    • p. 3139If the proceedings are instituted in a court which does not have jurisdiction to hear the case or one of the claims made, the court will transfer the case or claim for adjudication by the competent court, where possible. The decision on transfer is made by order of the court. Where no transfer is available, the case will be dismissed by judgment of the court.

    • […]

  • The Minister of Justice may lay down rules to the effect that decisions by foreign courts and public authorities on civil claims and agreements concerning such claims are enforceable in this country if they are enforceable in the state in which the decision was made or subject to the laws of which the agreement is to be judged and if such enforcement would not be obviously incompatible with the legal order of this country. (2) The Minister of Justice may lay down rules on enforcement of the decisions and agreements mentioned in subsection (1), including a procedure for consideration of objections.

  • […]

Translation by Karnov Group Denmark A/S. The editors wish to thank Karnov Group for the permission to reprint the translation.