Our basic position is that every lawyer must be generally well-founded in order to be able to provide competent advice - also within his specialist areas.
Our lawyers are therefore all broad-based generalists who have built up special expertise in a number of specialist areas. We attach great importance to the office's lawyers collaborating with and assisting each other across their specialist areas, so that our clients benefit from the expertise of the entire office.
The company's history can be traced back to the year 1865. The office is thus the oldest law office in Copenhagen. The company is domiciled in the heart of Frederiksstaden in the historic Mecanicus Kretz' Gaard, built at the beginning of the 18th century.
Founded in 1865
200 people in their team
Traditionally, litigation has been one of the absolute core competences of Danish lawyers. However, this is no longer the case. We have drawn the consequence of this development and declared it our goal to maintain the highest degree of expertise within the traditional legal discipline of litigation and to continuously develop our skills to stay one step ahead of our counterparties.
The lawyers of our firm have represented clients in some of the most important and comprehensive legal proceedings in Denmark, including the “Farum case” and the so-called Corporate Raider cases, the “Roskilde Bank case”, the “Amagerbank case”, the “Eik Bank case”, the “Tvind case”, and the “Se- og Hør case
We have considerable experience and a long tradition within the field of court procedures and litigation. The importance of thorough preparation, planning and handling of both questions of formality and substance on the outcome of court and arbitration hearings cannot be underestimated. Fabritius Tengnagel & Heine has specialised in successfully handling all aspects of litigation and arbitration proceedings and our lawyers are trained carefully to think one step ahead.
We evaluate the need for expert surveys, clarify which documents are relevant and which document are not appropriate for submission as evidence, call the necessary witnesses and summon or consult the appropriate professionals to build the case.
Evidence, e.g. documents and statements, which are not submitted with the court when writs are exchanged and the case, is being prepared for the final hearing cannot be submitted after the court has closed the preparation and the date of limitation has been reached. Thus it is of great importance that strategic decisions concerning evidence are taken early in the process.
Our advice always includes guidance on and consideration of the possibilities of an amicable settlement. We do not hesitate to inform our clients if they have a weak case and should seek to settle the case. Neither do we hesitate to inform our clients if a strong case should be settled from a cost-benefit perspective.
Our law firm has represented clients in some of Denmark’s largest court cases, including the Farum-case, and we are currently representing clients in the Amagerbank case, the Roskilde Bank case, the Eik Bank case and the Tvind case.
Arbitration
Fabritius Tengnagel & Heine have considerable experience of assisting clients in both Danish and International arbitration cases. We are able to assist in both English, German and the Scandinavian languages.
We have lead cases before the International Court of Arbitration – within the organisation of the International Chamber of Commerce – (ICC arbitration), The Danish Court of Arbitration (Det Danske Voldgiftsinstitut), The Danish Arbitration Board for the Construction Industry (Voldgiftsnævnet for Bygge- og Anlægsvirksomhed) etc.
Since arbitral awards may not be challenged through appeal, the planning and handling of arbitration proceedings is of significant importance. The lawyers of Fabritius Tengnagel & Heine are aware of this fact and act accordlingly when clients entrust us with the handling of international arbitration cases.
Fabritius Tengnagel & Heine provide advice on legal matters pertaining to the business sector.
We participate in negotiations with both Danish and foreign parties, in which we contribute with legal knowledge and commercial experience. We carry out preparation and advise on commercial contracts, including interpretation of existing contracts.
Companies and Funds
Fabritius Tengnagel & Heine provide advice with regard to limited companies and private companies, partnerships, funds and associations. Our lawyers have many contacts in the business sector and have directorships in a number of companies and funds. This gives us a significant insight into and experience of commercial matters, which our clients benefit from.
Our advice covers e.g.:
Business law on rent
Fabritius Tengnagel & Heine advises business landlords, tenants and business property administrators on rental, including the preparation and negotiation of rental contracts. We provide advice about the duty of offer to landlords according to the rent act when selling buy to let properties.
Financing
Fabritius Tengnagel & Heine specialise in financing (capital procurement) particularly with regard to start-ups, innovation and expansion of business, including new and existing business areas.
Succession Planning and Restructuring
Fabritius Tengnagel & Heine give advice on succession planning in family run businesses, whether they are run as personal operations or as companies. Succession planning can also be carried out with regard to other than family members, e.g. the company’s employees.
Implementation of succession planning often requires planning of a more long-term nature. It could be necessary with a changed company structure (restructuring) on financial, tax related and personal grounds. The restructuring could e.g. relate to separation and consolidation of businesses, establishment of holding companies, subsidiaries and funds.
The purpose of planned succession planning and if necessary, restructuring is often that successors or others can take over the company in a form that is appropriate to their needs and means. We take care of a joint solution, where both financial and personal matters are coordinated and discussed with the client, including value optimisation in use of e.g. tax free company reorganisation, tax free splits or other tax free forms of restructuring.
Management Positions
Fabritius Tengnagel & Heine carry out duties as members of management in e.g. other limited companies and partnerships. A major part of our lawyers’ time is spent on advising management, both as members of the board of directors and as general business advisors. We are able to assist management from both a legal and business perspective.
Sole Distributors and Commercial Agents
Fabritius Tengnagel & Heine provide advice on all matters concerning sole distributor and agency matters, and we consider ourselves to be among the leading specialists in this area.
We have considerable experience of conducting litigation on compensation for loss of goodwill in connection with termination of agency and sole trader contracts.
Several of our solicitors are court-appointed (specially appointed by the Ministry of Justice) and criminal law has always formed a standard part of our case portfolio. We firmly believe that one of the most important functions of an attorney-at-law in a society ruled by law is the right to a defence attorney. You are innocent until proven guilty in the court of law.
Cases concerning financial crime are a particular area of expertise and a core skill that has been developed by our solicitors over the years. The “Tvind case”, “Farum case” and “Asset-stripper cases” are just some of the recent cases where our solicitors have provided defence for the accused.
Fabritius Tengnagel & Heine are engaged to a great extent with the purchase and sale of commercial property and tenanted property, purchasing and sale of private housing, formation of cooperative housing units and owners’ associations, conveyancing, planning law, litigation on shortcomings concerning property etc.
Cooperative Housing Units
Fabritius Tengnagel & Heine have a thorough knowledge of the cooperative housing law including regulations on formation, transfer, financing, adjustment clauses, auctions etc. We provide ongoing advice to a number of cooperative housing associations, including as sparring partner for the management board in matters of crucial importance for the association.
We provide further advice to private individuals wishing to purchase or sell a cooperative housing unit. Fabritius Tengnagel & Heine have considerable experience in the formation of cooperative housing associations, including advice for tenants wishing to make use of the option to purchase in the leasehold law.
When tenants receive offers on taking over the property on a shared basis they have 10 weeks to make a decision on whether they want to accept the offer. It is quite a short time in which to make such an important decision. We offer to hold a non compulsory meeting with the initiative group in a property and at this meeting further explain the handling of the case including going through the main points that our advice and work will cover.
We regard formation of a cooperative housing association, as a total package and are therefore happy to be responsible for all tasks, connected with the formation – judicial, financial as well as practical.
Administration of Tenancies and Property
Fabritius Tengnagel & Heine have a comprehensive property management facility:
Ejendomsadministrationen 4B A/S.
Contact Property Administration 4B for further information.
If you have a claim against a Danish debtor, and you want to ensure satisfactory handling of the case, Law Firm Fabritius Tengnagel & Heine offers expertise, experience and professionalism.
Transnational debt collection
Recovery of debt is a legal discipline known and applied in all jurisdictions. Over the years transnational trade has become dominant, and when a dispute arises the creditor is challenged with an unfamiliar legal system. Legislative acts are often difficult to comprehend; especially if the legislative act is foreign. Consequently a creditor may, if he does not comply with the domestic debt collecting procedures of the country of the debtor, lose his claim. It is therefore vital to entrust a claim to an attorney, who specialises in the matter. Law Firm Fabritius Tengnagel & Heine has many years of experience with debt collection and has recovered claims on behalf of countless of creditors. Furthermore Law Firm Fabritius Tengnagel & Heine specialises in cases involving international disputes and the attorneys are therefore accustomed to the legal handling of foreign cases.
Preliminary steps
Before initiating debt collection the creditor must send a reminder to the debtor informing him that payment has not been received, and that failure to pay will lead to legal proceedings. If the reminder does not lead to immediate payment the case is handed to an attorney, who will send a reminder to the debtor with a 10-day payment period in coherence with Danish law. The debtor may offer to pay in instalments which, in some cases, may be the best and cheapest solution. If the debtor does not pay or react to this reminder, another reminder is sent, warning the debtor of the commencement of judicial debt collection.
Court procedure – undisputed claims
If the claim is undisputed, or a dispute is not expected, and it does not exceed DKK 100,000.00 a simplified procedure may be applied and a request for payment may be sent directly to the bailiff (instead of trying the case before a civilian court). The debtor is notified and is given the opportunity to contest the claim. If he fails to do so, the request will be treated as a judgement and will be enforced accordingly. If the claim is contested the case will be tried in a civilian court.
Court procedure – disputed claims
If the claim is disputed or it exceeds DKK 100,000.00 the attorney will send a reminder to the debtor with a 10-day payment period. If the debtor does not comply, the attorney will commence legal proceedings by suing the debtor before the district court to obtain a judgment that can be enforced.
Enforcement
When an enforceable judgment is obtained, whether by way of the simplified procedure or the ordinary court procedure, a hearing is held with the purpose of questioning the debtor regarding his financial situation as well as assets on which execution can be levied. The debtor is obliged to answer the questions truthfully under penalty of the law.
If the debtor owns assets on which execution can be levied the court allows the creditor to put a lien on said assets. Subsequently the debtor is obliged to pay the owed amount at once, or, if this is not possible for the debtor, in instalments for a period of maximum 10 months. If the debtor fails to comply, the creditor can request that the assets on which execution has been levied be sold at an auction.
Law Firm Fabritius Tengnagel og Heine is an official partner of RKI, the largest debtor register in Denmark.
Contact us
If you have a claim against a Danish debtor, and you want to ensure satisfactory handling of the case, Advokatkontoret Fabritius Tengnagel & Heine offers expertise, experience and professionalism.
