What are the fees today?

When legal proceedings are instituted before the Danish courts today, a court fee (of minimum DKK 500) is to be paid when the writ of summons is filed and a listing fee is to be paid with respect to the trial hearing. The latter is typically to be paid three months before commencement of the trial hearing. 

In matters having a value in excess of DKK 50,000, a court fee of DKK 750 plus 1.2% of the part of the value exceeding DKK 50,000 is to be paid. In addition, a listing fee in the same amount is to be paid. 

However, under the current rules, the court fee and the listing fee cannot amount to more than DKK 75,000 each. 

The new rules - fees for civil proceedings at first instance

The bill contemplates a considerable simplification of the rules, as it abandons the rules that the court fee and the listing fee are to be calculated as a percentage of the value of the matter, which can sometimes be difficult at the time when legal proceedings are instituted. 

In future, a court fee of DKK 1,500 is to be paid when legal proceedings are instituted. However, if a matter does not have a value or if the value does not exceed DKK 100,000, only a court fee of DKK 750 is to be paid, and the plaintiff in such a matter will be exempt from paying a listing fee.  

In matters having a value in excess of DKK 100,000, a fixed listing fee is to be paid in accordance with the following table:

For example, if the value of a matter is DKK 20 million, a listing fee of DKK 160,000 is to be paid, while the actual court fee to be paid when the legal proceedings are instituted only amounts to DKK 1,500. 

Accordingly, in complex matters it will be less costly to institute legal proceedings in terms of payment of court fees, as the majority of the fee is to be paid at the earliest three months before the trial hearing. Furthermore, the liability to pay duties ceases if the court is notified no later than two weeks before commencement of the trial proceedings (as opposed to six weeks today) that proceedings have been terminated. This will have great practical impact, as it is known from experience that a large number of matters are settled shortly before commencement of the trial hearing. 

The new rules - fees for appeal of civil proceedings

If a matter having a value in excess of DKK 100,000 is appealed, a court fee of DKK 2,000 is to be paid when an appeal is lodged with the High Court, and a court fee of DKK 4,000 is to be paid when an appeal is filed with the Danish Supreme Court. 

The listing fee in appeal proceedings is calculated in accordance with the same table, just as in first instance proceedings. In appeal proceedings before the Danish Supreme Court, the fee is increased by 50%.  

In interlocutory proceedings, a fee of DKK 750 is to be paid when an appeal is filed with the Danish High Court, while the fee is DKK 1,500 when an appeal is filed with the Danish Supreme Court. 

The new rules - minimum fees are increased

The minimum fees stipulated in the current act on legal fees have not been adjusted since the late 1980s although the consumer price index has risen significantly since then. 

As a consequence, the new act on court fees will include minimum fees of DKK 750. 

This will impact matters involving the taking of evidence out of court, preservation of evidence when intellectual property rights have been infringed, demands for payment and applications for various types of enforcement proceedings as well as matters involving interlocutory injunctions and orders. In future, a court fee in a fixed amount of DK 750 is to be paid.

Passing and coming into force of the bill 

It is stated in the bill that it will come into force on 1 April 2021, but the Legal Affairs Committee's draft report of 28 January 2021 proposes to postpone the coming into force of the bill until 1 October 2021, having regard to the courts’ possibility of implementing the required changes in the courts’ IT system.

The new rates and methods of calculating court fees will only apply to legal proceedings which are instituted or appealed after the coming into force of the act, ie not to legal proceedings which are already pending before the courts.

The bill is expected to be finally passed by the Danish Parliament in March 2021.