Источник:
http://www.internationallawoffice.com/n ... 2011-09-27Понимаю, что не про РФ, но все же...
Litigation - Denmark
Enforcement courts: different rules apply in national and European cases
Contributed by Plesner
September 27 2011
Background
Facts
Decision
Comment
Background
The Supreme Court recently ruled that when a Danish enforcement court passes a judgment enforcing a foreign judgment, the time limit for appeal of such judgment must be determined in accordance with the Brussels Convention I on jurisdiction and the enforcement of judgments in civil and commercial matters, and not in accordance with the Danish Administration of Justice Act.
A judgment passed by a Danish enforcement court must be appealed to the High Court within four weeks of the judgment being passed. The appeal must be filed with the enforcement court that passed the judgment, which will subsequently forward the appeal to the High Court. The date on which the enforcement court received the appeal will be decisive for the calculation of the four-week time limit.
If the appeal is filed directly with the High Court instead of the enforcement court, the High Court will forward the appeal to the enforcement court. The decisive date will therefore not be that on which the High Court received the appeal, but that on which the appeal reached the enforcement court by ordinary mail.
Facts
On September 1 2010 a Danish enforcement court ruled that a judgment passed by a German court could be enforced in Denmark. This ruling was appealed by the respondent by a fax to the High Court on September 29 2010. The High Court dismissed the appeal, stating that it should have been filed with the enforcement court within the time limit of four weeks.
The dismissal was appealed to the Supreme Court.
Decision
The Supreme Court stated that under Act 1563 (December 20 2006) Denmark had implemented the Brussels Convention I into Danish law. Consequently, the court found that the question of whether the appeal was within the time limit should be determined in accordance with the convention.
Article 43(2) of the convention stipulates that an appeal must be filed with the court indicated in the list in Annex III. Under such annex, Denmark has listed the High Court as the correct venue. In accordance with Article 43(5) of the convention, an appeal against a judgment of enforceability must be filed within one month of the judgment being issued.
The appeal was thus filed before the correct venue and within the specified time limit. The Supreme Court revoked the High Court's ruling and remitted the case to the High Court to be decided on its merits.
Comment
The Supreme Court distinguishes between enforcement of Danish and European judgments. If the judgment is Danish, the appeal must be filed with the enforcement court that passed the judgment within four weeks of the judgment being issued. If the judgment is European, the appeal can be filed with the High Court within a one-month time limit.
For further information on this topic please contact Peter Schradieck at Plesner by telephone (+45 33 12 11 33), fax (+45 33 12 00 14) or email (
psc@plesner.com).
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