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Maintenance obligations - Denmark


Article 71 1. (a) - Courts for application for a declaration of enforceability and courts for appeal against decisions on such applications

Article 71 1. (b) - Redress procedure

Article 71 1. (c) - Review procedure

Article 71 1. (d) - Central Authorities

Article 71 1. (e) – Public bodies

Article 71 1. (f) – Competent authorities for enforcement

Article 71 1. (g) - Accepted languages for translations of documents

Article 71 1. (h) - Languages accepted by Central Authorities for communication with other Central Authorities

Article 71 1. (a) - Courts for application for a declaration of enforceability and courts for appeal against decisions on such applications

Applications for a declaration of enforceability in accordance with Article 27(1) must be submitted to the national office for decentralised social services (Statsforvaltningen, the ‘State Administration’).

Contact details:

Statsforvaltningen

Storetorv 10

6200 Aabenraa

Denmark

E-mail: Link opens in new windowpost@statsforvaltningen.dk

Telephone: +45 7256 7000

 

Appeals against decisions taken by the State Administration may be lodged with the Danish National Social Appeals

Board (Ankestyrelsen).

Contact details:

Ankestyrelsen

DK-7998 Statsservice

Denmark

Telephone: +45 3341 1200

E-mail: Link opens in new windowast@ast.dk

Article 71 1. (b) - Redress procedure

Decisions by the Social Appeals Board can be reviewed by the courts in accordance with Article 63 of the Constitution. If the complainant is domiciled in Denmark, an application for the review of a decision by the Social Appeals Board must be brought before the district court (ret or byret) of the place where the complainant has his or her domicile (hjemting). If the complainant is not domiciled in Denmark, the case must be brought before Copenhagen District Court (Københavns Byret). An appeal against the decision of the district court may be lodged with the appropriate high court (landsret); an appeal against the decision of the high court may be lodged with the Supreme Court (Højesteretten), but only with the consent of the Appeals Permission Board (Procesbevillingsnævnet). On application by a party, the district court may refer the case for examination by the high court if a matter of principle is at stake.

Contact details for the courts (the district courts, the high courts and the Supreme Court) and the Appeals Permission Board may be found at: http://www.domstol.dk.

Article 71 1. (c) - Review procedure

Not applicable in Denmark.

Article 71 1. (d) - Central Authorities

Chapter VII of the Regulation, concerning cooperation between central authorities, is not applicable to Denmark under the provisions of the Agreement of 12 June 2009 between the European Community and the Kingdom of Denmark on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters.

In accordance with the United Nations Convention of 20 June 1956 on the Recovery Abroad of Maintenance (the UN Convention), the Danish National Social Appeals Board has been designated as the central authority responsible for international maintenance cases.

The Social Appeals Board has authorised the Southern Denmark branch of the Customs and Tax Administration (SKAT) to act as mediator with regard to any applications for the recognition and enforcement (recovery) abroad of maintenance under the UN Convention.

Article 71 1. (e) – Public bodies

Not applicable in Denmark.

Article 71 1. (f) – Competent authorities for enforcement

The authority responsible for collection of arrears, which in this case is the branch of SKAT for Southern Denmark, collects the claim arising from the decision that is to be enforced. If the claim is not paid, the same arrears collection authority will proceed to enforce it.

If, in the course of collection or enforcement, the party required to make the payment contests the claim, the arrears collection authority will refer the case to the State Administration, which takes a decision that may involve the rejection or suspension of collection or enforcement.

However, the arrears collection authority can take a decision on the existence and size of the claim if the question at issue relates to the handling of the claim by the authority itself. It can also suspend enforcement.

Any complaints about decisions taken by the State Administration are dealt with by the Social Appeals Board. In certain circumstances the State Administration can resume the implementation of a decision about which a complaint has been made.

Complaints about decisions taken by the arrears collection authority on the recovery of debts, etc., including decisions concerning the existence and size of claims where the question at issue relates to the handling of the claim by the authority itself can be brought before the National Tax Tribunal (Landsskatteretten).

The enforcement and small claims court (fogedret) rules on objections to seizures by the arrears collection authority. Appeals against decisions by the enforcement and small claims court can be brought before the high court. If the claim has an economic value not exceeding DKK 20 000, an appeal against a decision by the enforcement and small claims court can be brought only with the authorisation of the Appeals Permission Board. With the authorisation of the Appeals Permission Board, decisions handed down by the high court in appeal cases may be appealed to the Supreme Court.

Decisions by the Social Appeals Board and the National Tax Tribunal can be reviewed by the courts in accordance with Article 63 of the Constitution. If the complainant is domiciled in Denmark, an application for the review of such a decision must be brought before the district court of the place where the complainant has his or her domicile. If the complainant is not domiciled in Denmark, the case must be brought before Copenhagen District Court. An appeal against the decision of the district court may be lodged with the appropriate high court (landsret); an appeal against the decision of the high court may be lodged with the Supreme Court (Højesteretten), but only with the consent of the Appeals Permission Board (Procesbevillingsnævnet). On application by a party, the district court may refer the case for examination by the high court if a matter of principle is at stake.


Contact details

Ankestyrelsen (Social Appeals Board)

DK-7998 Statsservice

Denmark

Telephone: +45 3341 1200

Fax: +45 3341 1400

E-mail: ast@ast.dk.

Statsforvaltningen (State Administration)

Storetorv 10

6200 Aabenraa

Denmark

E-mail: post@statsforvaltningen.dk

Telephone: +45 7256 7000

Fax: +45 7462 8409

SKAT

Personrestancer Jylland (Individual Arrears, Jutland)

International Inddrivelse (International Recovery)

Pionér Allé 1

6270 Tønder

Denmark

E-mail: International-inddrivelse.toender@skat.dk

Telephone: +45 7222 1818

Fax: +45 7222 1919

Skatteankestyrelsen (Tax Appeals Agency)

c/o Landsskatteretten (National Tax Tribunal)

Ved Vesterport 6, 4. sal

1612 Copenhagen V

Denmark

E-mail: sanst@sanst.dk

Telephone: +45 3376 0909

Contact details for the courts (the district courts, the high courts and the Supreme Court) and the Appeals Permission Board may be found at: http://www.domstol.dk.

Article 71 1. (g) - Accepted languages for translations of documents

Denmark accepts Danish, Finnish, Icelandic, Norwegian and Swedish translations of the documents referred to in Articles 20, 28 and 40.

Article 71 1. (h) - Languages accepted by Central Authorities for communication with other Central Authorities

Not applicable in Denmark.


The national language version of this page is maintained by the respective Member State. The translations have been done by the European Commission service. Possible changes introduced in the original by the competent national authority may not be yet reflected in the translations. The European Commission accepts no responsibility or liability whatsoever with regard to any information or data contained or referred to in this document. Please refer to the legal notice to see copyright rules for the Member State responsible for this page.

Last update: 27/07/2017