Covid-19 impact on civil and insolvency matters

Denmark
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European Judicial Network
European Judicial Network (in civil and commercial matters)

1 Covid-19 impact on civil proceedings

1.1 Time limits in civil proceedings

No measures directed at legal proceedings have been introduced so far.

1.2 Judicial organization and Judiciary

The Danish courts have initiated an emergency procedure in order handle certain critical areas. The critical areas, which continue to be dealt with locally by the courts, are particularly by law time-bound cases or are particularly intrusive.

It is up to the courts to make an assessment in each case whether a case fulfills the conditions to be ‘critical’, and it is also up to the courts to organize the work taking into account the circumstances.

The decision to prioritize critical cases entails that a number of significant case types, including cases with physical court meetings, will not be prioritized. These cases are postponed until further notice.

The Danish Courts seek to handle as much work as possible from home workplaces during the emergency period. The Danish Court Administration has secured the possibility of establishing home workplaces for all employees. In addition, court employees can (to a limited extent) be physically present in the courts in order to ensure that they themselves and others can solve tasks from home.

As far as possible, the courts use telephone conferences to prepare cases in several areas of law, including civil cases and bailiff cases. The family courts handle cases as far as possible without physical attendance. There are also certain probate cases that can be processed by phone.

The Crisis Committee (consisting of The Danish Court Administration and a group of Presidents of the courts) have also called for the courts to consider, as far as possible, whether the current situation gives rise to further use of video conferencing, if it is deemed sound from a rule of law perspective.

1.3 EU Judicial Cooperation

In general, the Danish Courts seek to handle as much work as possible from home workplaces during the emergency period.

2 Insolvency related measures adopted or planned for adoption in member states as communicated until 16 April 2020

2.1 Substantive insolvency measures and related contracts affecting measure

2.1.1 Insolvency suspension

2.1.1.1 Suspension of duty to file for insolvency (debtors)

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2.1.1.2 Protection of debtors about insolvency filing from creditors

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2.1.2 Claim enforcement suspension and contract termination suspension

2.1.2.1 General / specific moratoria on claims enforcement / certain types of claims enforcement

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2.1.2.2 Suspension of contract termination (general / specific contracts)

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2.2 Civil, including insolvency courts suspension and procedural suspensions

The Danish courts have initiated an emergency procedure in order handle certain critical areas. The critical areas, which continue to be dealt with locally by the courts, are particularly by law time-bound cases or are particularly intrusive.

2.3 Other insolvency measures (those relating to avoidance actions, reorganization plans, informal agreements, and others if appropriate)

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2.4 Related non-insolvency measures (payment deferrals, bank loans, social security, health insurance, business subsidies)

The Danish parliament has adopted a series of economic stimulus packages.

Last update: 18/03/2021

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