The criminal case against climate activist Ida Nicolaisen is facing significant delays in the Eastern High Court, despite a controversial city court ruling that acquitted her on some charges based on the concept of necessity. The High Court has scheduled a hearing for the case on October 19, 2026, leaving Nicolaisen frustrated by the lengthy waiting time, as a favorable outcome could potentially benefit other activists.

Nicolaisen faces charges related to 11 incidents in 2022 and 2023, including blocking traffic, gluing herself to the asphalt, and disobeying police orders during protests. These actions included protesting a construction project on Amager Fælled, where she obstructed construction workers and refused to leave Copenhagen City Hall after a meeting.

Copenhagen City Court initially acquitted Nicolaisen on some charges, citing a provision in the penal code that allows impunity for otherwise punishable acts if necessary to avert imminent danger to “person or property.” The court referenced a 1993 ruling that equated “property” with the environment, arguing that Nicolaisen aimed to protect an EU-protected habitat for the great crested newt. The court noted the activist’s actions were peaceful and non-violent, although she was found guilty in other matters, receiving a mitigated sanction of six day fines of 250 kroner each due to the lengthy case processing times.

The City Court’s decision has sparked debate, with lawyer Helena Reumert Gjerding calling it remarkable, emphasizing the importance of taking legislation protecting endangered species seriously. However, lecturer Sune Klinge from the University of Copenhagen expressed surprise at the ruling, suggesting the necessity provision may not be intended to include nature.

The prosecution has appealed the City Court’s decision to the High Court, disagreeing with the application of the necessity defense. Nicolaisen has also appealed, seeking acquittal on all charges based on necessity and is now represented by lawyer Amalie Starch.