Government measures in key jurisdictions 3rd edition final - Flipbook - Page 45
Denmark
Property
Have any changes
been made to
the laws around
property, rent and
enforcement?
Litigation
•
The Danish government has not introduced any changes to the laws around property, rent
and enforcement
•
However, the Danish government had implemented a temporary ban on the opening of
shopping malls, department stores, arcades, bazaars etc. and places where
food, beverages or tobacco are served. These bans raised a number of issues for both
lessors and lessees related to business leaseholds in the retail, catering and tourist
industries, i.e. whether the government actions constitute force majeure. It is likely that
the government actions can constitute force majeure in relation to some of both lessor’s
and lessee’s obligations under a lease agreement as (i) the fulfillment of terms of the lease
agreement can be impossible due to the extraordinary situation created by the outbreak of
Covid-19 virus and the bans imposed by the government, and (ii) the extraordinary situation
– at least for the lease agreements drafted prior to the outbreak of Covid-19 virus – must be
assumed to have been unpredictable for the parties.
•
As per 11 May 2020, these restrictions have been eased, and shopping malls, department
stores, arcades, bazaars etc. have now been allowed to re-open again, however, the
opening is contingent upon adherence with guidelines established by the Danish
government. These guidelines stipulates i.e. how many people are allowed to access the
mall at once, that hand sanitizer should be available at all times etc. As per 18 May 2020,
these restrictions have been eased even further allowing restaurants, cafés and pubs
to reopen contingent upon adherence with specific guidelines established by the Danish
government. In addition, as per 8 June 2020 public swimming pools, gyms, sports centers
and theme parks have been allowed to reopen contingent upon adherence with specific
guidelines established by the Danish government.
•
For additional information about the restrictions on business leaseholds due to Covid-19 and
the related issues for lessors and lessees, please view here.
•
The Danish courts were closed down on 13 March 2020, but have re-opened again from 27 April
2020. Accordingly, for pending cases this means that from 13 March 2020 until 27 April 2020, the
courts have only heard cases within ‘critical areas of practice’, as the employees of the courts
have been sent home to the greatest extent possible. Accordingly, hearings of cases in all noncritical areas of practice were discontinued from 13 March until 27 April 2020. Each court has
authority to decide how the re-opening should take place as long as the guidelines issued by the
Danish government are adhered to.
•
For additional information about Covid-19 consequences for pending court and arbitration
cases, please view here.
Are the courts
operating?
Government measures in key jurisdictions
45