Whether you are an expat, a foreign business owner or a non-Danish national who has encountered a legal dispute in Denmark, understanding how the Danish civil litigation system works is the first step to protecting your interests. This guide explains the essentials.
How Danish courts handle civil cases
Denmark operates a three-tier court system for civil matters. Most cases begin in the District Court (Byretten). For claims up to DKK 100,000, a simplified procedure applies (chapter 39 of the Administration of Justice Act) — it is faster, less formal and significantly less costly than ordinary proceedings. The threshold was raised from DKK 50,000 to DKK 100,000 by Act no. 661 of 11 June 2024.
Judgments from the District Court can be appealed to the High Court (Landsretten) and, in cases of principal importance, to the Supreme Court (Højesteret). All proceedings are conducted in Danish, but you are entitled to use an interpreter.
Key legal concepts to know
Contract law and unfair terms
Danish contract law allows courts to set aside or modify agreements that are unreasonable or contrary to fair dealing under section 36 of the Contracts Act (aftaleloven). This is a powerful tool in both consumer and commercial contexts. If you have signed a contract with terms that seem unduly onerous or were presented under pressure, Globe Advokater can assess whether they can be challenged.
Damages
To claim damages (erstatning) in Denmark, you must prove that the other party acted negligently (culpa), that there is a causal link to your loss, and that the loss was foreseeable. The Liability in Damages Act (erstatningsansvarsloven, LBK nr 1070 of 24 August 2018) provides a detailed structure for calculating compensation for personal injury and financial loss.
Tenancy law
Danish tenancy law is highly protective of tenants. The new Danish Tenancy Act (LOV nr 341 of 22 March 2022) governs residential leases. If you are renting in Denmark, your landlord cannot freely raise the rent, terminate your tenancy without cause, or retain your deposit without justification.
Practical considerations for foreign nationals
- Jurisdiction: Danish courts can hear cases involving defendants domiciled in Denmark or disputes arising from activities in Denmark. In cross-border EU disputes, the Brussels I Regulation (recast) may apply — though Denmark has opt-outs from some EU civil procedure instruments.
- Language: All proceedings are in Danish. Your lawyer handles this — Globe Advokater keeps you fully informed in English.
- Limitation periods: Most civil claims must be brought within 3 years of discovering the claim (Limitation Act, § 3). Missing this deadline typically results in losing your right to claim.
- Legal costs insurance: If you have a Danish home or contents insurance policy, check whether it includes retshjælpsforsikring (legal expenses insurance). It typically covers up to DKK 250,000-350,000 in legal costs.
Facing a civil dispute in Denmark? Contact Globe Advokater now for a free initial assessment in English.
