- Date:
- 01 Jul 2013
- By:
- Morten Langer
The amendments to the Danish Administration of Justice Act, which modernise the provisions on interim injunctions, will enter into force on 1 July 2013. In future, the courts will be able to grant prohibitory as well as mandatory injunctions
The amendments to the Danish Administration of Justice Act, which modernise the provisions on interim injunctions, will enter into force on 1 July 2013. 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 a non-competition clause. If a person or enterprise is able to show on a balance of probabilities that another person or enterprise is infringing its rights, they may apply to the enforcement court for a prohibitory injunction to put a stop to the acts which are contrary to the applicant's rights. Those provisions will now be modernised with effect from 1 July 2013.
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 a non-competition clause. If a person or enterprise is able to show on a balance of probabilities that another person or enterprise is infringing its rights, they may apply to the enforcement court for a prohibitory injunction to put a stop to the acts which are contrary to the applicant's rights. Those provisions will now be modernised with effect from 1 July 2013.
Click
here to see Norrbom Vinding’s earlier commentary on the Bill when it was introduced.
The most important feature of the amended Act is that the scope for applying interim remedies is expanded from simply concerning the duty to refrain from doing certain acts (prohibitory injunctions) to now also including the duty 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 just being ordered to refrain from doing a specific act. This amendment puts into law a practice which has been seen in the enforcement courts to an increasing extent.
Changes to the process
Another important feature is that the decision to grant an interim injunction will transfer from the enforcement court to the general division of the district courts. If obtaining an interim injunction order, 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.
Another important feature is that the decision to grant an interim injunction will transfer from the enforcement court to the general division of the district courts. If obtaining an interim injunction order, 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.
