A Closer Look at the Courts of Denmark
The Three Court Instances

The district courts, the high courts and the Supreme Court represent the three basic levels of the Danish legal system. The three instances guarantees thorough case processing.
The Danish legal system is based on the two-tier system which ensures that the rulings of one court can be appealed to a higher instance. Such higher instance may either confirm (uphold) or reverse the ruling from the lower instance. Most cases begin at the district courts level with the possibility of appeal to the high courts. If a case has been heard initially at district court, it may in special cases even be brought before a third instance, the Supreme Court.
In 2009, the district courts completed more than 740,000 cases. The high courts completed approx. 13,100 cases, and the Supreme Court approx. 350 cases.
The district courts
Court cases in Denmark can be of two types: Civil cases and criminal cases. Criminal cases are cases which are investigated by the Police and then prosecuted before the courts. Civil cases are cases where one party wants the court’s help in pursuing a claim against another party.
All cases in Denmark start in one of the 24 district courts. Under certain circumstances, the district court may refer a civil case to high court. For example if the case is concerned with principles of general interest.
The Bailiff’s courts and probate courts are departments of the district courts. Bailiff’s court helps enforce claims. It may, e.g., be a claim for payment according to a ruling or an instrument of debt. Bailiff’s court also convenes compulsory sale of real estate.
The probate court handles the administration of estates where the assets of the deceased are to be transferred to the heirs or the creditors of the deceased. The probate court also handles administration of insolvency cases. It may for instance be a bankruptcy estate.

The high courts
In most cases, the district court ruling can be appealed to one of the two high courts of Denmark: Western High Court in Viborg which processes cases from Jutland, or Eastern High Court in Copenhagen which processes cases from the rest of the country. The high courts are the instances of appeal for the rulings of the district courts.
The Supreme Court
The last instance is the Supreme Court which is the highest instance in the legal system. The Supreme Court is located in Copenhagen, and it is a court of appeals processing rulings passed by the high courts and the specialised court, the Maritime and Commercial Court (see the chapter Other instances). If a case has begun in high court or the Maritime and Commercial Court, it may be appealed to the Supreme Court. But if a case has begun in district court, the Appeals Permission Board has to grant permission for the case to be brought before a third instance.
Being the highest instance, the Supreme Court is, through its rulings, mainly to determine the guidelines of how the district courts and high courts are in future to process similar cases. Accordingly, the Supreme Court is responsible for the judicial development by creating clarity as to how to interpret the law.

