A guide to the UPC and the UP - Flipbook - Page 396
Annex
Sanctions Issued by National Enforcement Authorities
Belgium
A19-01 Belgium is a member of the Uniform Benelux-Treaty on penalties introduced in 1980
(“Eenvormige Beneluxwet op de Dwangsommen”). 98 Contrary to the rules provided for in
the RoP, the penalties are granted for the benefit of the successful claimant and are not
payable to the court. It is therefore the party for whose benefit the penalties are ordered who
should collect them, prove violation of the court order and defend itself in any dispute about
whether penalties are due or not. An order to pay penalties in the event of a violation of an
injunction is usually requested and granted together with the court decision.
A19-02 Penalties can be awarded for orders to do something (e.g. sending a recall letter to customers)
or to stop doing something (e.g. ceasing infringement), but not for paying a sum of money.
The only sanction for not complying in a timely fashion with an order to pay a sum of money is
the accrual of late interests. Physical sanctions, such as imprisonment of directors or executive
board members, are no longer possible in Belgium in cases of violation of a court order since
the Uniform Benelux Treaty on penalties was enacted.
Denmark
A19-03 If an order for injunctive relief is deliberately violated in Denmark, the defendant
may be ordered to pay a monetary penalty or imprisoned for up to four months. 99
Furthermore, the defendant may be ordered to pay damages. The penalties must be
sought by the claimant through a private criminal case, which will either run in parallel to
the main action following the preliminary injunction or be postponed until the proceedings
regarding the infringement have been finalised. 100
Finland
A19-04 In Finland, where there has not been compliance with an injunction with a threat of a fine
attached, a bailiff will apply for enforcement of the fine and, where necessary, the imposition of
a new threat of a fine. If the injunction does not entail the threat of a fine, the bailiff must first
impose one. 101
A19-05 If the bailiff can prevent further breaches of the injunction with suitable measures,
such measures will be taken if the obligation is breached. Before this, the respondent will
be granted an opportunity to be heard, unless this would significantly hamper enforcement.
The respondent will be notified of the measures. 102 The measures cannot
include imprisonment.
98
99
100
101
102
Implemented by arts 1385bis et seq Belgian Code of Civil Procedure.
s.430(1) Danish Administration of Justice Act.
s.430(3) Danish Administration of Justice Act.
ch.7 s.16 Enforcement Code (Finland and Sweden).
ch.7 s.17 Enforcement Code (Finland and Sweden).
© Bird & Bird LLP | May 2023
A Guide to the UPC and the UP 386
