Not just prohibitory, but also mandatory injunctions

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Date:
18 Dec 2012

the danish government has introduced a bill to modernise the rules governing interim injunctions. in future, the courts will be able to grant prohibitory as well as mandatory injunctions

By:
Morten Langer

The Danish Government has introduced a Bill to modernise the rules governing interim injunctions. In future, the courts will be able to grant prohibitory as well as mandatory injunctions

The Danish Government has introduced a Bill to modernise the rules governing interim injunctions. In ‎future, the courts will be able to grant prohibitory as well as mandatory injunctions.‎
 
The provisions of the Danish Administration of Justice Act on interim injunctions are intended to allow, ‎for instance, an employer to prevent by way of a prohibitory injunction a former employee from setting ‎up a competing business in breach of, for instance, a non-competition clause. If a person or enterprise is ‎able to show on a balance of probabilities that another person or business is infringing its rights, they ‎may apply to the enforcement court for a prohibitory injunction to prevent the acts which are contrary ‎to the applicant's rights from continuing.  The Danish Government wishes to modernise those rules, and ‎the Minister of Justice therefore recently tabled a Bill which would introduce new rules on interim ‎injunctions.‎
 
If the Bill is enacted, the most important change is that the scope of interim remedies will increase from ‎simply obligations to omit to do certain acts (prohibitory injunctions) to now also include obligations to ‎do certain acts or accept that they are done (mandatory injunctions). This means that the respondent ‎may be ordered by the court to do a specific act to secure the applicant's rights rather than being ‎ordered to omit to do a specific act. In recent years, the enforcement courts have increasingly imposed ‎obligations to do certain acts on the parties and the Bill simply puts practice into law and expands it.‎
 
Changes to the process
Another important change is that the decision to grant an interim injunction will transfer from the ‎enforcement court to the general division of the district courts. Instead of the full hearing, the applicant ‎must institute ordinary proceedings concerning the disputed rights within 2 weeks of the injunction ‎order.  Other than those changes, injunction proceedings will be dealt with more or less in the same ‎way as under the existing rules on interim injunctions.‎
 
The Bill is expected to come into force on 1 July 2013.‎