The Danish Central Authority is methodical and thorough and service is typically effected rather quickly by international standards.

Of note, while Denmark did not object to service directly via Dutch judicial authority, pursuant to Article 10(b) of the Hague Convention, Danish authorities are reluctant to effect this method of service.

Litigants are advised to serve directly through the Danish Central Authority.

Danes are trained in English throughout their primary and secondary schooling, and like most of their Scandinavian neighbors, almost universally speak fluent English. While Denmark does not mandate translation of documents served in English, if a translation is not provided, service becomes voluntary, and the defendant is given the right to refuse service.

Accordingly, although perhaps not mandatory, a Danish translation is definitely necessary.

In all cases, however, documents must reasonably be understood by the defendant in order to fulfill US Due Process requirements. In particular, for documents served upon a recipient who speaks neither English nor Danish, translation into a third language may even be necessary.  US practitioners should explore this issue with our legal staff.

Article 10(a):

Denmark has not declared that it objects to direct service by postal channel. However, this does not imply that such method is valid service; Danish courts have not yet ruled on its validity, so difficulties may arise if a U.S. judgment needs to be enforced in Denmark.

In all cases, service via the postal channel should include a signed receipt mechanism (required under Fed. R. Civ. P. 4).

Caveat:

Mail service pursuant to the Hague Service Convention is fraught with issues, including the need to have it executed in accordance with the forum court’s local rules, and where service abroad is proper when the destination country has not affirmatively stated that it is not opposed to mail service

Article 10(b):

When Denmark signed on to the Treaty, it expressed no opposition to direct service by a judicial officer, official or other competent person. However, Danish authorities do not generally recognize service by such persons, so their effect is questionable.

Article 10(c)

Denmark objects to direct service by “interested persons”, under the Convention.

LLS can assist you with service and can help you understand and meet the translation requirements for service of process in Denmark. Please call 1-800-755-5775 for more information.