BS-3246/2009-ARH ECLI:DK:ARH:2023:BS0000005425 AI generated

Administrative court dismisses referral request as case lacks principled character requiring Supreme Court review.

Case Number BS-3246/2009-ARH

Court / Authority Retten i Aarhus

Jurisdiction

Denmark (DK)

Decision Date 2010-04-23

Outcome Dismissed

Open official source Machine-readable Markdown (.md)

Legislator summary

AI generated

The Administrative Court of Appeal in Aarhus dismissed the request to refer the case to the Supreme Court of Denmark. The applicant argued the case involved a question of general legal principle, but the court found no such issue requiring higher review. Consequently, the court determined the matter was specific to the parties and did not warrant a reference.

Legislator headnote

AI generated

Administrative Procedure Act s. 24; Administrative Court of Appeal Act s. 10: A case is not of principled character if the legal question is specific to the parties and does not establish a new or conflicting interpretation of law.

Keywords

AI generated

principled character reference to Supreme Court administrative procedure general legal principle court of appeal

Cited Legislation

AI generated

Administrative Procedure Act s. 24

Administrative Court of Appeal Act s. 10

AI generated

BS-2453/2009-VLR

Appeal dismissed; case remitted to lower court for interpretation of law of general principle.

BS-2496/2013-VLR

Civil case remitted to district court for preliminary assessment of whether it is of general legal principle. The court found the case not suitable for immediate ruling. The decision was based on the need for further factual clarification. The court remitted the case to the lower court for a preliminary assessment of whether the matter is of general legal principle. The court determined that the case requires further factual clarification before a final decision can be made. The court decided to remit the case to the district court for a preliminary assessment of whether the matter is of general legal principle. The court found that the case is not yet suitable for a final ruling. The court decided to remit the case to the district court for a preliminary assessment of whether the matter is of general legal principle. The court determined that the case requires further factual clarification before a final decision can be made. The court decided to remit the case to the district court for a preliminary assessment of whether the matter is of general legal principle. The court found that the case is not yet suitable for a final ruling.

BS-41834/2022-HJR

Supreme Court upholds lower court ruling rejecting referral of case to Landsret due to lack of general legal significance.

BS-1500/2008-VLR

Vestre Landsret dismisses appeal, remanding case to determine if procedural safeguards were violated.

BS-23871/2024-HRS

Court dismisses appeal regarding transfer of case to district court under Section 226 of the Act on Civil Procedure.

Full text

Spørgsmål om, hvorvidt sagen er af principiel karakter og derfor skal henvises til landsretten