Advanced Search

Law Amending The Code Of Civil Procedure, Law On Court Fees, Bankruptcy Law And The Law On Enforcement Of Sentences, Etc. (Sagstilgangen To The Supreme Court, Etc.)

Original Language Title: Lov om ændring af retsplejeloven, lov om retsafgifter, konkursloven og lov om fuldbyrdelse af straf m.v.(Sagstilgangen til Højesteret m.v.)

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month.

Law on the amendment of the law of law, law on court charges, bankruptcy law and the law of enforcement of penalties, etc.

(The case of the Supreme Court and other cases)

We, by God's grace, the Queen of the Danes, do our thing.

The parliament has adopted the following law, and we know that the following law has been approved by Parliament's consent :

§ 1

In the rule of law, cf. Law Order no. 1139 of 24. September 2013, as last amended by law no. 1621 of 26. December 2013, the following changes are made :

1. I § 6, 1. pkt., the following shall be inserted after the ' cities ' shall be : ` and the Sis-and Handelscourts `.

2. Section 20 (2). 2, ITREAS :

" Stop. 2. In court cases, in the court of 1. the court shall be subject to the right to decide, in the case of experts, that the right of the main debate is to be drawn up to the same number of experts who have been involved in 1. body. "

3. I § 225, paragraph 1. 2, is inserted after no 1 as new number :

" 2) cases between traders, where professional knowledge of sea, land, air and rail transport is of major importance, '.

Number 2-4 becomes the second paragraph. 3-5.

4. I § 225, paragraph 1. 2, no. 2, No, no. 3, shall be inserted after ' Marketing of ' s marketing ' : ', the law of financial activities '.

5. § 225, paragraph 1. 2, no. 3, No, no. paragraph 4 is replaced by the following

" 4) cases where the application of the trade mark law, common label, design law, patent law, law on usage models, the protection of the design of semi-conductor products (topography), plan tenomybility, or copyright law, Usest or computer programs are of major importance, '.

6. I § 225, paragraph 1. 2, no. 4, No, no. 5, is changed "meaning." to : "meaning, and".

7. I § 225, paragraph 1. 2, pasted as no. 6 :

" 6) cases between traders where the application of the law on the market is of major importance. '

8. I § 226, paragraph. 1, the following principles shall be added after ' principational nature ` : ' and shall have a general impact on the rule of law and the legal extension or significant social scope, by the way. ` ;

9. § 226, paragraph. FOUR, TWO. pkt., revoked.

10. I § 226 pasted as paragraph 5 :

" Stop. 5. The court shall ensure its own operation that the conditions laid down in paragraph 1 shall be referred to in paragraph 1. One has been fulfilled. If the conditions are not met, the court refuses to deal with the matter in 1. the agency and shall forward the proceedings to the urban right to continue processing. The decision of the court shall be decided by the court. `

11. § 227 ITREAS :

" § 227. The court may, at the request of a party, refer a case relating to employment relations between employers and their employees for treatment on the Sø and Commercial Court if the matter is of a principle of principle and professional knowledge of labour relations, essential.

Paragraph 2. The court may, at the request of a party, refer a case of copyright, which is not covered by Section 225 (3). 2, no. 4, to the Sø and HandelsCourt, if the matter is of principle and professional knowledge of business matters.

Paragraph 3. The rules in section 226, paragraph 1. 2-4, shall apply mutatis mutis. `.

12. I § 253, paragraph 1 4, is inserted after 2. Act. :

' In the case of decisions taken by the Sø and Handelscourt, the request for the right or the Supreme Court shall be submitted to the Supreme Court in accordance with the rules of section 368 (3). 4 and 5, and § 392 a. "

13. I Section 368 (3) 3, the words ' and of the Court of Sisor of trade ' ;

14. I § 368 inserted after paragraph 1. 3 as new slices :

" Stop. 4. Sentences of the Sø and Handelscourt may be called upon by the parties to the Supreme Court or the court. Anke may be made to the Supreme Court if the matter is of a matter of principle and is of general importance for the legal use and the legal extension or significant social scope, otherwise, or for any other reason for the fact that the case is subject to consideration ; of the supreme court as two. instance. Anke to the court shall be subject to the right of national law in whose jurisdiction the case was to be laid down in accordance with the rules laid down in Chapter 22, if the case had not been placed on the rights of the Sø and trade.

Paragraph 5. When a party anchor a judgment of the Su and trade rights to the country, other parties shall have other parties to the proceedings, even if they are alleged to be confirmed, claim that the appeal proceedings are dealt with by the Supreme Court if the conditions laid down in paragraph 1 are accepted. FOUR, TWO. Pkt., fulfilled. If a party is to be treated by the Supreme Court, this Party shall issue the appeal to the Supreme Court by issuing a copy of the court to the Supreme Court, with a copy to the court before the end of the time limit laid down by the court for the submission of the court ; writing.

Paragraph 6. The supreme court shall ensure its own operation that the conditions laid down in paragraph 1 shall be made. 4, cf. paragraph 5 for the supreme court supreme court. If the suprepots of appeal to the Supreme Court have not been met, the Supreme Court of the Supreme Court rejects the appeal. In the cases referred to in paragraph 1. 4, the case may subsequently expire before 2 weeks after the termination of the Supreme Court's decision on the refusal of the Supreme Court before two weeks after the termination of the Supreme Court's ruling on the right of the Supreme Court. If the matter is to be taken later, section 372, paragraph 3. TWO, THREE, SEVEN. ptangle, equivalent use. In the cases referred to in paragraph 1. "5, proceed to court proceedings at the national court."

paragraphs 4 and 5 shall then be referred to in paragraph 1. Seven and eight.

15. I Section 368 (3) 5, there will be paragraph 1. the words ' to the Supreme Court ` shall be deleted.

16. I § 368 pasted as paragraph 9 :

" Stop. 9. For a separate appeal for a ruling on the legal costs of a ruling by the Sø and Handelscourt, paragraph 1 shall apply to the provisions of paragraph 1. 4-6 corresponding usage. "

17. § 372 (2) 1, ITREAS :

" The liberation stone shall be four weeks on appeal from the court of the city to the right of court and eight weeks on appeal from the court to the Supreme Court. The right of application shall be 8 weeks on the supreme court or to the court of trade, or of the right to the court. The time limit shall be calculated from the judgment of the judgment. "

18. I § 392, paragraph. 1, the words ' or the rights of the Sisor of trade ' ;

19. I § 392 inserted after paragraph 1. 1 as new paragraph :

" Stop. 2. A refusal to reject a court order in accordance with section 226 (4). "5" can be linked to the Supreme Court. "

Paragraph 2 is then referred to in paragraph 2. 3.

20. I § 392, paragraph. TWO, ONE. pkt., the first paragraph of the Member THREE, ONE. pkt;, the words ' or the Sisor of the Handelscourts `.

21. Insert after section 392 :

" § 392 a. The rights and decisions taken by the Sø and Handelscourt, in accordance with the rules of section 253, may be linked to the national court if the right of national law allows it, cf. § 253, paragraph 1 4.

Paragraph 2. In other cases, the rulings and decisions of the Sø and Trade may be linked to the court with the authorization of the Process Approver. Such authorization may be granted if the caress relates to questions of principle. The application for a person authorization shall be submitted to the Board within two weeks of the decision taken. The process appropriation board may, however, exceptionally permit the application of the application later, but within six months after the decision has been taken. ` ;

22. I § 427, paragraph. 2, "Exasting Landsret." ' shall mean the national right in whose jurisdiction the case should have been laid in accordance with the rules laid down in Chapter 22 if the case had not been placed on the Law of the Sø and Handelscourt. `

23. I § 762 (3) 2, no. 2, inserted after "225, cf." : " § 216, paragraph. TWO, "

§ 2

In the Law on Legal charges, cf. Law Order no. 936 of eight. September 2006, as last amended by Section 1 of law no. 519 of 28. May 2013, the following changes are made :

1. I § 8 pasted as paragraph 2 :

" Stop. 2. Rejected by the Supreme Court in accordance with Article 368 (4) of the Legal Agreement. 6, cf. paragraph 4, if the case submitted to the Supreme Court, will not be replied to a new charge if the court will then submit the case to the Court of Law. `

§ 3

In the bankruptcy law, cf. Law Order no. 11 of 6. January 2014, the following changes are made :

1. I § 254 in section 392 (2), Two, "to :" § 392, paragraph. 3, ".

§ 4

In the Act of the Enforcement of Retribution, etc., cf. Law Order no. 435 of 15. May 2012, as amended by Section 2 of Law No 628 of 12. June 2013, the following change is made :

1. I § 121, paragraph 1. ONE, THREE. pkt., in section 392 (2), TWO, THREE, FIVE. pkt., "to :" § 392, paragraph. 3, 3. -5. Pkton, ".

§ 5

Paragraph 1. The law shall enter into force on 1. February 2014.

Paragraph 2. The law shall apply only to decisions taken following the entry into force of the law. In the case of decisions taken prior to the entry into force of the law, the applicable rules

Paragraph 3. The rules on the matter of jurisdiction, as amended by this law's section 1, no. 3-11 shall apply in cases which are entered into after the entry into force of the law.

§ 6

Paragraph 1. The law does not apply to the Faroe Islands and Greenland, cf. however, paragraph 1 2.

Paragraph 2. Section 3, by means of a royal device, shall be in force for the Faeroe Islands and Greenland, with the changes made by the ferry and Greenlandic conditions.

Givet on Amalienborg, the 28th. January 2014

Under Our Royal Hand and Segl

MARGRETHE R.

/ Karen Vengeup