Abrogation Of Security Paid By Foreign Plaintiffs In Denmark

Until recently any foreign plaintiff in Denmark who were domiciled outside EU would have to pay security for the costs if demanded by the defendant. If the security was not paid, the case would be dismissed. The only exception was, if a Danish plaintiff was exempted from paying such a security in the plaintiff's country.

This provision has now formally been changed.

The change was made after a ruling in 2004 from the Danish Supreme Court. The judgment states that demand for security in cases involving fundamental rights secured by the Community law would be in contravention with the Treaty on the European Communities art. 12, who on basis of nationalities forbid all discrimination, and also in contravention with practice from the European Court of Justice, cf. C-20/92 (Hubbard against Hamburger) and C-43/95 (Data Delecta).