Maritime and Commercial High Court Rejects Request for Preliminary Injunction Against Former Employee's Competing Business
The Danish Maritime and Commercial High Court, in a ruling dated June 16, 2026, considered whether a former employed veterinarian should be temporarily prohibited from operating a competing business and from using materials that her former employer claimed constituted trade secrets.
The Court found that the employer had failed to demonstrate that the veterinarian's conduct warranted the requested preliminary injunctions pursuant to Section 413(2) of the Danish Administration of Justice Act. The Court further held that the requirements for granting an injunction under the Danish Trade Secrets Act had not been satisfied.
Request for Preliminary Injunction
The case concerned an employer alleging that a former employee had breached her duty of loyalty during her employment, as well as the Danish Trade Secrets Act, by, among other things, operating a competing business, using confidential information, and contacting the company's customers.
On that basis, the employer petitioned the Court for a preliminary injunction prohibiting the former employee from continuing those activities.
The former employee disputed that the legal requirements for granting an injunction had been met.
Maritime and Commercial High Court Denies Injunction
The Maritime and Commercial High Court found that the employer had not demonstrated that the former employee's conduct made it necessary to issue the requested preliminary injunctions under Section 413(2) of the Danish Administration of Justice Act.
The Court also found that the requirements for granting an injunction under the Danish Trade Secrets Act had not been satisfied. Accordingly, the employer's request for a preliminary injunction was denied.
Littler's Comments
The ruling illustrates that it is not, in itself, sufficient to show that an employee has established a competing business or downloaded company materials. To obtain a preliminary injunction, the employer must demonstrate that the statutory requirements are satisfied, including that the injunction is necessary pursuant to Section 413(2) of the Danish Administration of Justice Act.
If you have questions regarding the duty of loyalty, restrictive covenants, trade secrets, or other employment law matters, our specialists are available to advise you on your rights and available options - contact us here.
Disclaimer: The information provided above does not constitute legal advice and cannot replace legal advice.
Reference to the ruling(SH2026.BS-7149/2026-SHR):
https://pro.karnovgroup.dk/b/documents/7001031168
Bo Enevold Uhrenfeldt
Attorney & Partner
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