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BS-2453/2009-VLR ECLI:DK:VLR:2024:BS0000000130 AI generated

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

Case Number BS-2453/2009-VLR
Court / Authority
Jurisdiction Denmark (DK)
Decision Date
Outcome Dismissed
Open official source Machine-readable Markdown (.md)

Legislator summary

AI generated

The Court of Appeal dismissed the appellant's request to refer the case to the Supreme Court. The appellant argued that the matter involved the interpretation of a law of general principle, which typically warrants Supreme Court review. The court declined this request because the specific case did not meet the threshold for a reference on grounds of general legal principle.

Legislator headnote

AI generated

Rettsplejelovens § 226, stk. 1; A reference to the Supreme Court is only granted if the case concerns the interpretation of a law of general principle and is of such importance that it requires a ruling by the Supreme Court.

Keywords

AI generated
reference to Supreme Court law of general principle interpretation of law procedural reference legal principle

Cited Legislation

AI generated
§ 226, stk. 1 of the Act on the Courts and Legal Procedure
AI generated
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-1438/2008-VLR
Vestre Landsret overturns City Court's dismissal and remands case for further proceedings on appeal.
BS-23871/2024-HRS
Court dismisses appeal regarding transfer of case to district court under Section 226 of the Act on Civil Procedure.
BS-33645/2020-OLR
Court dismisses appeal against district court refusal to refer case to first instance due to lack of general legal significance.
BS-10480/2024-HER
Court dismisses appeal on remittal to District Court as case lacks general legal significance.

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Full text

Landsretten tager kærendes påstand om, at sagen henvises til landsretten, jf. retsplejelovens § 226, stk. 1 til følge, da sagen vedrører lovfortolkning og er af principiel karakter