NCJ Number
58674
Date Published
1976
Length
45 pages
Annotation
DENMARK'S LAW ON TRADING PRACTICES AND THE LAW ESTABLISHING THE CONSUMERS' COMPLAINTS BOARD ARE OUTLINED.
Abstract
CONSUMER PROTECTION IN DENMARK IS BASED ESSENTIALLY ON TWO LAWS, ONE ON TRADING PRACTICES ENACTED IN 1976, AND ONE PASSED IN THE SAME YEAR ESTABLISHING THE CONSUMERS' COMPLAINTS BOARD. THE MOST IMPORTANT PROCEDURAL CHANGES AFFECTED BY THE TRADING PRACTICES LAW CONSIST OF THE USE OF THE MARITIME AND COMMERCIAL COURT IN COPENHAGEN AS A NATIONWIDE BODY FOR MARKETING CASES AND THE ESTABLISHMENT OF A CONSUMER OMBUDSMAN INSTITUTION TO ACT AS THE SUPERVISORY AND PROSECUTING BODY UNDER THE LAW ON COMPETITION. THE MOST IMPORTANT OF THE ACT'S SUBSTANTIVE PROVISIONS INDICATES THAT NO ACTION MAY BE TAKEN BY PRIVATE ENTERPRISES AND PUBLIC UNDERTAKINGS WHICH IS CONTRARY TO GOOD MARKETING PRACTICE. OTHER SUBSTANTIVE PROVISIONS OF THE ACT ARE ALSO DESCRIBED. THE LAW ESTABLISHING THE CONSUMER COMPLAINTS BOARD STIPULATES THAT ONLY THE FINAL CONSUMER MAY SEEK REDRESS, AND ONLY AGAINST TRADERS ACTING IN THE EXERCISE OF THEIR OCCUPATION. REAL ESTATE OPERATIONS ARE EXCLUDED, ALONG WITH ACTIVITIES IN THE PUBLIC SECTOR; HOWEVER, THE MINISTER OF COMMERCE MAY CONFER COMPETENCE ON THEM IN RESPECT OF GOODS OR SERVICES SUPPLIED BY PUBLIC UNDERTAKINGS. APPLICATIONS INVOLVING A SPECIAL PROCEDURE, AND OPERATIONS CONCERNING MOTOR VEHICLES, FOODSTUFFS, PROFESSIONAL SERVICES, CREDIT, AND INSURANCE ARE ALSO EXCLUDED FROM THE BOARD'S JURISDICTION. THE BOARD IS COMPOSED OF 52 MEMBERS REPRESENTING CONSUMERS AND TRADERS AND IS PRESIDED OVER BY A JURIST WITH A JUDGE'S TRAINING. RELATIONS BETWEEN THE COURTS AND THE CONSUMER COMPLAINTS BOARD, AND THE APPROVED PRIVATE COMPLAINTS AND APPEAL BOARDS ARE DESCRIBED. THE STATUTES DISCUSSED ARE INCLUDED IN THE APPENDIX. (RCB)