UPC Local Division: Procedural Decision: Imposition of Penalties for Delayed Preservation of Evidence

The Copenhagen Local Division ordered the preservation of evidence. During the implementation of the measure, the defendants refused access to critical IT systems contrary to the court order. The court then issued an order requiring the defendants to pay a penalty of EUR 5,000 per day until the required access codes were fully provided. However, the defendants provided the information only after a considerable delay. In the final determination of the amount, the court deviated from the original threat, taking into account considerations of fairness and proportionality. For the first period (18 days of total refusal), a daily rate of EUR 2,500 was set. For the second period (a further 18 days of partial refusal regarding the laptop), the rate was reduced to EUR 1,250. In total, the defendants were ordered to pay EUR 67,500 to the court as joint and several debtors (LD Copenhagen 5.12.2025, CFI 492/2024).