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September 17th, 2007

Class Actions Coming to Denmark

Via this post on the With Vigour and Zeal blog, we learned that beginning January 1, 2008, new Danish laws premitting class actions will become effective.  In a guest column for the SBTK Bulletin, Jens Rostock-Jensen, a partner in the Danish law firm Kromann Reumert, summarizes the new Danish class action rules, which reportedly include the following:

  • The new rules on class action will be based on an “opt-in” principle, meaning that individual claimants must actively choose to be part of the class action in order for the judgment to have effect.

  • At the court’s discretion, it can decide to apply an opt-out model (for example, in cases where the claims are very small).

  • The claims must be of a similar character (typically based on the same factual circumstances and governed by the same rules).

  • A class action must be the optimum way to process the claims.

  • There must be jurisdiction for all of the claims to be adjudicated in Denmark.

The column also notes that

Although there are no limitations on the nature of the claims that are suitable for class action, it is expected that in the beginning it will first and foremost be consumer claims organised by the Consumer Ombudsman that will use this new method of processing a claim.  Possible claims could e.g. involve illegal fees or defective goods.

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