Danish Cases on the CISG

This is a list of the Danish cases involving or considering CISG. The list is divided into cases from the ordinary courts, and cases from arbitral tribunals.

Cases from the Danish ordinary courts.
The Danish Courts are structured in a three-tier system: County Courts (byretter), High Courts (landsretter) and the Supreme Court (Højesteret) (UK terms).Generally, a decision may be appealed only once, and very small cases cannot be appealed at all. But if a decision concerns questions of general public interest the Board of Appeal may dispense from these rules and grant leave of appeal.

Commercial cases which involves a substantial amount, can be taken directly to High Court as first instance or before the Maritime and Commercial Court of Copenhagen. Appeal lies to The Supreme Court.

The jurisdiction of the The Supreme Court is therefore entirely appelate. It hears appeals from the Østre Landsret (Eastern High Court), Vestre Landsret (Western High Court) and the Sø- og Handelsretten (The Maritime and Commercial Court of Copenhagen). For further information, see the official website of The Danish courts and the Court Administration

Højesteret (Supreme Court)

So far, only two cases involving or considering CISG have come before the Supreme Court.

HD 15. february 2001
English translation. Involves CISG Art. 6, 9 and 31(1)(a) in connection with Article 5(1) of the EC Judgments Convention. See also case on Pace Database: Denmark 15 February 2001 Supreme Court

HD 1. november 2000
Danish version. English translation will be available later. Involves CISG Art. 35, although the Supreme Court does not cite any CISG provision.


Østre og Vestre Landsret (Eastern and Western High Court)
So far, 6 cases have come before the High Courts:

ØLK 7. marts 2002
This case involves the Luganoconvention Article 5, stk. 1, in relation to CISG art. 57, although CISG was not directly applicable in the case at hand. The case also illustrates the problem of development of software—which the High Court regarded as a the provision of a service—and the sale of software (which some CISG commentators regard as a sale of goods subject to the Convention), see case commentary by Professor, dr.jur. Joseph Lokofsky.

ØLK 4. december 2000
Danish version. Involves CISG Art. 1(1)(a), 3 and 57(1)(a) in connection with Article 5(1) of the EC Judgments Convention.

ØLK 1. december 1999
Danish version. Involves CISG Art. 57(1)(a)in connection with Article 5(1) of the EC Judgments Convention.

VLD 10. november 1999.
English translation. Involves CISG Art. 25, 35, 38, 39, 49, 74-77 and 88.

ØLK 23. april 1998
Danish version. Involves CISG Art. 11, 18 and 57(1)(a) in connection with Article 5(1) of the EC Judgments Convention.

ØLK 22. january 1996
English translation. Involves CISG Art. 57 in connection Article 5(1) and 5(3) of the EC Judgments Convention.

Sø- og Handelsretten (The Maritime and Commercial Court of Copenhagen)

Danish Maritime and Commercial Court 31. January 2002
English translation. Involves CISG art. 7, 8, 9, 35, 38, 39 and 44.

SH 1. july 1992
Danish version. Involves CISG Art. 57(1)(a) in connection with Art. 5(1) and 5(3) of the EC Judgments Convention. Pace Database:

Byret (County Courts)

Randers Byret 4. november 1998
Involves CISG art. 25, 35, 38, 39, 49, 74-77 og 88.
UNILEX database:
Pace Law School CISG Database:

Cases from Arbitral Tribunals

No cases have been officially reported from Danish arbitral tribunals.

If you are aware of any Danish CISG cases not listed here, please e-mail

René Franz Henschel

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