Originally from: Enforcement of Money Judgments - Looseleaf
Enforcement of Money Judgments - Electronic
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Denmark
Carsten Brink
I. PRESENT ATTITUDE TOWARD ENFORCEMENT OF
FOREIGN MONEY JUDGMENTS
A. Describe the receptiveness of your government (including
courts) toward enforcement of foreign judgments.
According to the Administration of Justice Act, the general rule is
that foreign money judgments are not binding and cannot be enforced
in Denmark.
However, Denmark has entered into treaties with a number of
European countries which acknowledge judgments from those
countries and give provisions for their enforcement. A multilateral
treaty has been entered into with the other Nordic countries: Sweden,
Norway, Finland and Iceland. Furthermore Denmark has ratified the
Brussels Convention on Jurisdiction and the Enforcement of Foreign
Judgments in Civil and Commercial Matters of September 27, 1968
with attached protocols (hereafter referred to as the EEC
Convention).
The EEC Convention is now in force between the old 15 EEC
Member States. The 10 new Member States, which joined the
European Union on 1 May 2004: Cyprus, Estonia, Latvia, Lithuania,
Malta, Slovakia, Slovenia, the Czech Republic, Hungary and Poland
have not acceded the EEC Convention. Furthermore reference is made
to section C.
Between all the old 15 EEC Member States, the EFTA states
(Iceland, Norway and Switzerland), and Poland the Lugano
Convention of September 16, 1988 is in force (hereafter referred to as
the Lugano Convention). The Lugano Convention is basically
constructed as the EEC Convention but with a few changes. Since all
the Nordic states are now part of the Lugano Convention and this
convention precedes the Nordic Convention, the Nordic Convention
has lost much of its value.
