Denmark has not experienced any litigation against private actors for climate unfriendly operations. However, a possible avenue could be explored through Denmark’s participation in the OECD Guidelines for Multinational Enterprises. The latter have required OECD Members to establish National Contact Points (NCP) to promote the effective implementation of the Guidelines. Whilst the Danish NCP has not been very active, it was reformed in 2012 with the adoption of a new Act on the establishment of a Mediation and Complaints-Handling Institution for Responsible Business Conduct. The Danish NCP is an independent public sector body. Anyone can make a complaint. The processing is less expensive and much quicker than going to court. Much of the evidence collection is, to some extent, undertaken by the NCP itself. Whilst financial compensation can’t be awarded by the NCP, the result could be considered equivalent to a court judgment. In fact, naming and shaming could lead to altered conduct and make the business in question start operating in a more climate friendly manner.
For more country specific context and relevant national climate change law see: https://climate-laws.org/geographies/denmark
This country report has been produced by Catherine Hall, C2LI Senior Research Assistant and Esmeralda Colombo, C2LI Legal Analyst. This summary is based on Birgitte Olsen for the 2018 International Academy of Comparative Law Biannual Conference in Fukuoka, Japan.