An appeal lodged against the granting of a preliminary injunction within the period of enforcement of 14 days does not mean that the unsuccessful party may suspend payment of litigation costs to the opposing party. This has just been established by the Court of Appeal of Eastern Denmark.
It follows from section 427(2) of the Danish Administration of Justice Act (retsplejeloven) that decisions on preliminary injunctions and orders can be appealed to the Court of Appeal and that appeals will not carry suspensive effect in respect of the decision granting a preliminary injunction or an order.
The question that the Court of Appeal of Eastern Denmark had to
decide was whether an appeal lodged within the period of
enforcement period have - or can be granted - suspensive effect in
respect of the decision as to litigation costs.
In the ruling, the Court of Appeal of Eastern Denmark states that a
statutory basis does not exist for granting suspensive effect to
preliminary injunctions and orders in respect of a decision
regarding litigation costs.
This means that the party who has been awarded costs in first
instance does not have to await the outcome of the appeal
proceedings but is in any event entitled to payment of the awarded
costs as soon as the period of enforcement has expired.
Bech-Bruun represented the patentee in the case.
Originally published 01 June 2023.
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