Contract disputes
Danish contract law is based on freedom of contract with important protective provisions. The Contracts Act (aftaleloven) allows courts to set aside or modify agreements that are unreasonable or contrary to fair dealing (§ 36). Consumers are additionally protected against unfair terms under §§ 38a-38c. Common disputes involve non-payment, delayed delivery, defective goods or services, and wrongful termination of contracts.
Damages claims
Danish tort law requires proof of fault (culpa), causation and foreseeability. The Liability in Damages Act (erstatningsansvarsloven, LBK nr 1070 of 24 August 2018) provides a detailed framework for calculating compensation for personal injury, including pain and suffering, permanent impairment, loss of earning capacity and treatment costs. Strict liability applies in certain commercial contexts.
Tenancy disputes
Denmark's tenancy law is heavily regulated and strongly protective of tenants. The new Danish Tenancy Act (LOV nr 341 of 22 March 2022, replacing LBK nr 927 of 4 September 2019) governs residential leases. Common disputes involve rent levels, termination, dilapidations and deposit returns. Cases are often first heard by the local Huslejenævn (Rent Tribunal) before proceeding to the Housing Court.
Employment disputes
Wrongful dismissal, unpaid wages and non-compete clauses are among the most common employment disputes handled by Danish courts. Denmark has no general statutory minimum wage, but collective agreements and individual contracts set the terms. Dismissal of employees with more than one year's seniority requires just cause.
The litigation process step by step
- Step 1: Legal assessment - we evaluate your claim, the evidence and the likelihood of success.
- Step 2: Demand letter - in many cases, a formal legal letter resolves the dispute without litigation.
- Step 3: Filing the claim - we prepare and file the statement of claim (stævning) with the court.
- Step 4: Preparation - exchange of written pleadings, evidence and witness statements.
- Step 5: Oral hearing (hovedforhandling) - we present your case before the judge.
- Step 6: Judgment and enforcement - we advise on the judgment and assist with enforcement if needed.
Legal aid and insurance
Legal expenses insurance (retshjælpsforsikring) is included in most Danish home and contents insurance policies and typically covers up to DKK 250,000-350,000 in legal costs with a 10% excess. State legal aid (fri proces) is available if you meet the income and asset thresholds under sections 325-328 of the Administration of Justice Act. Globe Advokater assists with both applications.
Can I sue someone in Denmark if I live abroad?
Yes. Danish courts have jurisdiction over defendants domiciled in Denmark and over claims arising from activities or contracts connected to Denmark. The EU Brussels I Regulation (recast) also applies in certain cross-border EU disputes - though Denmark has an opt-out from some EU civil procedure instruments.
What language are Danish court proceedings conducted in?
All Danish court proceedings are conducted in Danish. If you do not speak Danish, you are entitled to an interpreter. Globe Advokater handles all communication and court appearances on your behalf in Danish, while keeping you fully informed in English.
How long does a civil case take in Denmark?
A simplified procedure case (up to DKK 100,000) typically takes 6-12 months from filing to judgment. An ordinary civil case in the district court typically takes 12-24 months. Appeals add further time. Globe Advokater works to resolve disputes as efficiently as possible, often without the need for a full trial.