The High Court has scheduled the appeal of a landmark climate activist case for October 19, 2026, causing frustration due to the extensive waiting period. The case revolves around activist Ida Nicolaisen, who was charged with 11 counts of violating the law during protests in 2022 and 2023.

Nicolaisen’s actions included obstructing traffic and defying police orders during demonstrations, notably against construction on Amager Fælled.

The Copenhagen City Court initially acquitted her on two counts, citing a provision in the criminal code that allows for impunity if an otherwise punishable act is necessary to avert imminent danger to “person or property.” The court equated “property” with the environment, referencing a 1993 ruling. The judge emphasized that Nicolaisen sought to protect an EU-protected habitat for the great crested newt, acting peacefully based on “factually documented, publicly available information” about the habitat’s risk of irreparable damage.

While found guilty in other instances, her punishment was mitigated due to the extensive delay, resulting in six day fines of 250 kroner each.

Lawyer Helena Reumert Gjerding has lauded the initial verdict as remarkable, emphasizing the importance of taking legislation protecting critically endangered species seriously. Conversely, lecturer Sune Klinge from the University of Copenhagen expressed surprise, suggesting the necessity provision is not intended to encompass nature.

Both the prosecution and Nicolaisen have appealed the City Court’s decision. The prosecution seeks a guilty verdict on all counts, while Nicolaisen aims for complete acquittal based on the necessity defense.