Enforcement of English judgments in Denmark

The Council Regulation (EC) No. 44/2001 of 22 December 2000 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (“the Brussels I Regulation”) is not directly applicable in Denmark but Denmark has since entered into a parallel agreement with the EU. Because of this the Brussels I Regulation does also apply in Denmark with effect from 1 July 2007.

The purpose of the Brussels I Regulation is to unify the rules of conflict of jurisdiction in civil and commercial matters and to simplify the formalities with a view to a rapid and simple recognition and enforcement of judgments within the Community.

With effect from 21 October 2005 the European Parliament and Council Regulation of 21 April 2004 (EC) No. 805/2004 created a European enforcement order (the “EEO Regulation”) for uncontested claims in the Member States save for Denmark which still has to agree this in a parallel agreement.

Under the EEO Regulation a creditor will be able to claim enforcement from the debtor’s assets in any Member State (except for Denmark), without using an intermediate procedure in the recognition and enforcement of judgements through the enforcing state. The EEO Regulation applies in civil and commercial matters (with certain exceptions).

Formal procedure
In order to make an English judgment enforceable in Denmark it must be declared enforceable in Denmark on application. An application can be made by anybody who has an interest in the matter. The application has to be made to the local court that has territorial jurisdiction based on the domicile of the party against whom enforcement is sought or of the place of enforcement.

The declaration of enforceability must be issued after certain formalities have been completed and must be served on the other party, who may challenge it only in the courts. It is possible for a Danish court to refuse to recognise an English judgment if recognition would be contrary to public policy or irreconcilable with an earlier judgement or where the document initiating the proceeding has not been served in good time or the other party does not appear.

Documents needed

An application should be accompanied by:

  1. A copy of the original decision.
  2. A certificate of enforceability from the court in the home state.
  3. A translation into Danish of 1. and 2. above.

The material contained in this guide is provided for general purposes only and does not constitute legal or other professional advice. Appropriate legal advice should be sought for specific circumstances and before action is taken.

© , November 2012

Please contact:

Steen Rosenfalck