It is now possible to require digital communication if the court is to give a notice in a case being dealt with at the court’s case portal.
The notice may lawfully be given on simplified delivery or on digital delivery.
In civil cases, the statement of claim and the statement of appeal must be announced to the person concerned. Other procedural notices, procedural documents and other documents are made available on the court’s factual portal, www.minretssag.dk
Simplified digital delivery
Delivery takes place by making the communication available to the person concerned in the digital mailbox used for communication with the authorities.
Notice will be deemed received when the notice is opened or otherwise dealt with. Service is effective from the day the notice was opened or dealt with.
The notification will be made available to the person concerned in the digital mailbox used for communication with the authorities.
The notification is deemed to have been delivered when the person concerned confirms the notification with their digital signature or personally signs a copy of the notification. The delivery is effective from the day when the recipient stated that he received the message.
Recent decision of the regional court
In an extension of the Byret’s judgment, an appeal to Vestre Landsret was filed by the losing party.
The regional court sent the notice of the court session to the party’s e-Boks with a request to acknowledge receipt of the email. On the same day, the party confirmed receipt.
The party stayed away from the court session.
The regional court noted that the party had received the convocation in its e-Boks with its confirmation. Since the party failed to attend the meeting without giving a legitimate reason, the court dismissed the appeal.
With the new rules on digital service and simplified digital service, it has become easier for the courts to issue service.
With simplified digital delivery, it is now sufficient that it can be stated that the person concerned has opened the message in his e-Boks.
If the message has been opened, it doesn’t matter whether the person replied to the message or deleted it.