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DECLARATIONS LODGED BY THE KINGDOM OF DENMARK UNDER THE CAPE TOWN CONVENTION AT THE TIME OF THE DEPOSIT OF ITS INSTRUMENT OF ACCESSION

DECLARATIONS
LODGED BY THE KINGDOM OF DENMARK UNDER THE CAPE TOWN CONVENTION AT THE TIME OF THE DEPOSIT OF ITS INSTRUMENT OF ACCESSION

 

 

Pursuant to Article 39 of the Convention the Kingdom of Denmark declares that:

a) all categories of non-consensual rights or interests which under Danish law have priority over an interest in an object equivalent to that of the holder of a registered international interest shall to that extent have priority over a registered international interest, whether in or outside insolvency proceeding; and

b) nothing in the Convention shall affect the right of the Kingdom of Denmark or that of any entity thereof, any intergovernmental organization in which the Kingdom of Denmark is a member State, or other private provider of public services in the Kingdom of Denmark to arrest or detain an object under Danish law for payment of amounts owed to any such entity, organization, or provider directly relating to the services provided by it in respect of that object or another object.

 

Pursuant to Article 39 of the Convention the Kingdom of Denmark declares that with regard to Greenland: *

a) all categories of non-consensual rights or interests which under Greenlandic law have priority over an interest in an object equivalent to that of the holder of a registered international interest shall to that extent have priority over a registered international interest, whether in or outside insolvency proceeding; and

b) nothing in the Convention shall affect the right of the Kingdom of Denmark or that of any entity thereof, any intergovernmental organization in which the Kingdom of Denmark is a member State, or other private provider of public services in the Kingdom of Denmark to arrest or detain an object under Greenlandic law for payment of amounts owed to any such entity, organization, or provider directly relating to the services provided by it in respect of that object or another object.

*[This declaration was notified to UNIDROIT by the Government of the Kingdom of Denmark, as a subsequent declaration pursuant to Article 57(1) of the Convention, on 13 March 2024, and in accordance with Article 57(2) of the Convention it will take effect on 1 October 2024.]

Pursuant to Article 40 of the Convention the Kingdom of Denmark declares that the following categories of non-consensual rights or interests shall be registrable under the Convention as if the right or interest were an international interest and shall be regulated accordingly:

1. Rights stemming from a court order permitting attachment of an object covered by the Convention in partial or full satisfaction or of a legal judgment; and

2. Notifications of bankruptcy orders when the bankruptcy estate includes objects covered by the Convention in order to protect the rights of the bankruptcy estate.

With regard to the declarations made by the Kingdom of Denmark pursuant to Articles 40 and 54(2) of the Convention, these declarations will also apply to Greenland. **

**[This declaration was notified to UNIDROIT by the Government of the Kingdom of Denmark, as a subsequent declaration pursuant to Article 57(1) of the Convention, on 13 March 2024, and in accordance with Article 57(2) of the Convention it will take effect on 1 October 2024.]

Pursuant to Article 52 of the Convention the Kingdom of Denmark declares that until further decision, the Convention will not apply to the Faroe Islands and Greenland.***

***[On 13 March 2024 the Government of the Kingdom of Denmark notified UNIDROIT, pursuant to Article 57(1) of the Convention, of the modification of its declaration with regard to Greenland made at the time of the deposit of its instrument of accession on 26 October 2015. The modification will take effect on 1 October 2024.]

Pursuant to Article 54(2) of the Convention the Kingdom of Denmark declares that any remedy available to the creditor under any provision of this Convention, which is not therein expressed to require application to the court, may be exercised without leave of the court.

With regard to the declarations made by the Kingdom of Denmark pursuant to Articles 40 and 54(2) of the Convention, these declarations will also apply to Greenland. **

**[This declaration was notified to UNIDROIT by the Government of the Kingdom of Denmark, as a subsequent declaration pursuant to Article 57(1) of the Convention, on 13 March 2024, and in accordance with Article 57(2) of the Convention it will take effect on 1 October 2024.]

Pursuant to Article 55 of the Cape Town Convention, where the debtor is domiciled in the territory of a Member State of the European Union, the Kingdom of Denmark will apply Articles 13 and 43 of the Convention for the interim relief only in accordance with Article 35 of Regulation (EU) No 1215/2012 of the European Parliament and of the Council of 12 December 2012 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters as interpreted by Court of Justice of the European Union in the context of Article 24 of the Brussels Convention of 27 September 1968 on jurisdiction and the enforcement of judgments in civil and commercial matters.

With regard to the declaration made by the Kingdom of Denmark pursuant to Article 55 of the Convention regarding the application of Articles 13 and 43 of the Convention, this declaration will not apply to Greenland and therefore only to Denmark. ****

****[This declaration was notified to UNIDROIT by the Government of the Kingdom of Denmark, as a subsequent declaration pursuant to Article 57(1) of the Convention, on 13 March 2024, and in accordance with Article 57(2) of the Convention it will take effect on 1 October 2024.]

 

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Declarations lodged by the Kingdom of Denmark under the Aircraft Protocol

 

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