This is an Act to consolidate Act No. 456 of 10 June 2003 on Consumer Complaints (The Consumer Complaints Act) with amendments consequential upon section 29 of Act No. 431 of 6 June 2005, section 103 of Act No. 538 of 8 June 2006, section 160 of Act No. 1336 of 19 December 2008, section 1 of Act No. 517 of 12 June 2009 and section 1 of Act No. 73 of 26 January 2010.
Part 1
Consumer complaints
1. Complaints filed by consumers regarding goods, work and services may be brought before an approved private complaints or appeals board or the Danish Consumer Complaints Board for hearing. A complaint may relate to all aspects of the legal relationship between the parties.
2.-(1) A complaint may be brought against a party who, under the provisions of the Danish Administration of Justice Act, may be sued before a Danish court regarding the issues involved in the complaint.
(2) Agreements to the effect that legal disputes shall be brought before an arbitral tribunal or another special forum do not rule out the possibility of bringing the complaint before a complaints board.
3.-(1) For as long as a complaint is pending before a complaints board, the parties to the case cannot bring the case before the courts regarding the issues involved in the complaint.
(2) If a case has been brought before the courts and the consumer wants to refer it to a complaints board, the court will adjourn the case and refer it to the board, unless the consumer is deemed bound to fail in his complaint, or if the case is not deemed to be fit for hearing by the board.
(3) If a case has been referred to arbitration or another special forum and the consumer wants to refer it to a complaints board, proceedings shall be adjourned until it has been heard by the board.
4. The Danish Consumer Complaints Board and approved private complaints or appeals boards shall serve a decision on the trader if the consumer has been wholly or partially successful in the claim. In connection with such service the trader shall be informed of the contents of sections 4 a-4 c.
4 a. If the trader does not wish to be bound by the decision that the Danish Consumer Complaints Board or an approved private complaints or appeals board has made, the trader shall inform the Board thereof in writing within 30 days from service of the decision.
4 b. A request from the trader to reopen the complaint which has been filed in writing to the Board before the expiry of the time limit set out in section 4 shall act as a stay of execution. The time limit in section 4 a shall thereafter be reckoned from the time when the request for reopening was rejected or when the Board made its decision in the reopened case.
4 c.-(1) The decision of the Board on the complaint may be enforced in relation to the trader after the expiry of the time limits in sections 4 a and 4 b unless the trader has given the Board prior notice in writing that the trader concerned does not wish to be bound by the decision.
(2) A request to the bailiff’s court for enforcement shall be accompanied by the board decision which provides the basis for the request for enforcement, and a declaration from the Board that the trader has failed to state within the time limits set out in sections 4 a and 4 b that the trader concerned does not wish to be bound by the decision.
4 d. When a decision has been made on a complaint, either party may bring the case before the courts. At the request of the consumer, the Danish Consumer Agency may bring the case before the courts on behalf of the consumer if decisions or settlements are not complied with.
4e.-(1) Following an application the Danish Consumer Agency may grant to a consumer who has been wholly or partially successful in the claim before the Danish Consumer Agency or an approved private complaints or appeals board and who has no legal expenses insurance or any other insurance which will cover the costs of legal proceedings, cost coverage in accordance with the provisions of subsections (2) and (3).
(2) Cost coverage may be granted for legal proceedings before a court of first instance if the legal proceedings have been instituted by the consumer to satisfy the board's decision or a settlement made before the board or by the trader to amend the board's decision or a settlement made before the board. Cost coverage cannot be granted if it is obvious that the applicant will not be successful in the case.
(3) Sections 331-335 of the Danish Administration of Justice Act shall apply correspondingly. However, section 335, second sentence, shall only apply if the consumer satisfies the financial conditions for free legal aid, see section 325 of the Danish Administration of Justice Act.
4 f.-(1) Following application the Danish Consumer Agency may grant to a consumer having a legal expenses insurance or any other insurance which covers costs in connection with the legal proceedings, a repayment paid out of public funds to cover the part of the costs that exceeds the insurance maximum provided that the nature or circumstances of the case will otherwise justify the claim that the costs could not be paid within the insurance maximum. The provisions of section 4 e, (1) and (2) shall apply correspondingly.
(2) Costs relating to the case shall be covered under subsection (1) to the extent public funds would have granted cost coverage under section 4 e(3), see sections 331, 332 and 334 of the Danish Administration of Justice Act if cost coverage had been granted under section 4 e.
(3) When the Danish Consumer Agency has made a decision to the effect that the conditions in subsection (1) for covering the part of the costs that exceeds the insurance maximum are satisfied, the Danish Consumer Agency will send the case to the court hearing or having heard the case, after which the court shall determine the amount that can be covered, see subsection (2).
(4) Based on an application the Danish Consumer Agency may grant to a consumer repayment out of public funds of any excess under a legal expenses insurance which covers costs of legal proceedings as mentioned in section 4 e, (1) and (2).
4 g. Based on an application the Danish Consumer Agency may grant to a consumer repayment out of public funds of any expenses reasonably paid in connection with enforcement of a decision made by or a settlement made before the Danish Consumer Complaints Board or an approved private complaints or appeals board.
4 h.-(1) The Danish Minister for Economic and Business Affairs may lay down rules on the contents of an application concerning cost coverage or repayment under sections 4 e-4 g, including rules on filing of the application within a certain time limit and on the information that the applicant is required to give.
(2) Decisions made by the Danish Consumer Agency under sections 4 e-4 g cannot be brought before another administrative authority.
Part 2
Approved private complaints or appeals boards
5.-(1) The Danish Minister for Economic and Business Affairs may approve the establishment and the bylaws of private complaints or appeals boards, which comprise specific trades or other well-defined areas.
(2) Such approval may only be granted if the bylaws of the complaints or appeals board contain provisions regarding the composition and legal procedure of the board that are satisfactory for the parties, as well as provisions regarding payment of fees and costs. Furthermore, approval shall be conditional upon the chairman and any deputy chairmen of the complaints or appeals board being judges.
(3) An approval may be issued for a limited period of time and may be revoked if the preconditions for approval are no longer deemed to exist.
(4) The Minister may lay down rules regarding approval of private complaints and appeals boards.
6.-(1) The Danish Consumer Agency may function as a secretariat for approved, private complaints or appeals boards and receive income in this connection.
(2) The Danish Minister for Economic and Business Affairs may lay down more specific rules for the function stated in subsection (1).
Part 3
The Danish Consumer Complaints Board
7. The Danish Consumer Complaints Board shall hear consumer complaints against traders regarding goods, work and services that do not fall within the scope of an approved private complaints or appeals board.
8. Complaints for which the legislation prescribes a special right to complain falls outside the scope of the Danish Consumer Complaints Board.
9.-(1) The Danish Consumer Agency is the secretariat of the Danish Consumer Complaints Board.
(2) With a view to preventing complaints, the Agency shall provide advisory services to the business community and consumers and assist the business community in establishing approved private complaints or appeals boards.
10.-(1) The Danish Minister for Economic and Business Affairs shall lay down rules regarding the activities of the Board.
(2) In this connection, the Minister shall lay down rules specifying the extent to which complaints from consumers regarding goods or work and services performed by public bodies may be referred to the Danish Consumer Complaints Board.
(3) In addition, the Minister may determine that certain goods, work and services or business areas shall be exempt from the activities of the Board.
(4) The Minister may also determine that a complaint cannot be heard when the price of goods or services is below or above a specific limit.
11.-(1) The designation 'Danish Consumer Complaints Board' is reserved for the Board referred to in this Part.
(2) The Danish Minister for Economic and Business Affairs may lay down provisions prohibiting other complaints bodies from using designations that may be confused with the designation referred to in subsection (1).
12.-(1) The Board shall be composed of a chairman and a deputy chairman and representatives of consumer and business community interests.
(2) The Danish Minister for Economic and Business Affairs shall appoint the members of the Board. The chairman and the deputy chairman shall be judges and may be superior court judges. The representatives of consumer and business community interests shall be appointed at the recommendation of consumer organisations and trade and industry organisations.
(3) At the recommendation of the chairman of the Danish Consumer Complaints Board, the Minister may appoint additional chairmen for a limited period of time.
(4) The chairman and the deputy chairman shall be appointed for a term of four years at a time and shall be eligible for reappointment. The representatives of consumer and business community interests shall be appointed for a term of four years at a time and shall be eligible for reappointment.
13. The chairman or the deputy chairman shall take part in the Board’s hearing of a complaint. In addition, at least two members elected among the representatives of consumer and business community interests shall take part to ensure that these interests are equally represented.
14.-(1) The Danish Consumer Complaints Board makes decisions regarding complaints brought before the Board.
(2) The Board rejects complaints which are deemed to be unfit for hearing.
(3) The Board may refuse to deal with a complaint if the consumer is deemed bound to fail in his complaint.
(4) In addition, the Board may authorise the secretariat to make the decisions mentioned in subsections (2) and (3).
Part 4
Publication
15. The Danish Minister for Economic and Business Affairs may lay down rules on the publication of information and statistics regarding various circumstances in the field of consumer complaints, including decisions made by complaints and appeals boards, and to the effect that such publication may be made electronically.
Part 5
Fees and costs
16.-(1) The consumer shall pay a fee for having a complaint heard by an approved private complaints or appeals board or by the Danish Consumer Complaints Board. The complaint fee shall be repaid if the consumer succeeds in his complaint or the case is rejected as being unfit for hearing before the Danish Consumer Complaints Board.
(2) The Danish Minister for Economic and Business Affairs shall lay down rules regarding payment and collection of fees for lodging a complaint with the Danish Consumer Complaints Board.
(3) The Minister shall approve provisions regarding payment and collection of fees for filing complaints with an approved private complaints or appeals board; see section 5.
17.-(1) A trader shall pay an amount to the Danish Consumer Agency towards covering the Agency's expenses for having the case heard by the Danish Consumer Complaints Board if the consumer succeeds in his complaint or if the case is settled.
(2) A fee of maximum DKK 100 shall be charged for special case processing in case of late payment of the amount mentioned in subsection (1).
(3) The Danish Minister for Economic and Business Affairs may lay down rules to the effect that a trader shall pay an amount to an approved, private complaints or appeals board, see section 5, towards covering the board’s expenses for its hearing of a case if the consumer succeeds in his complaint or if the case is settled. Rules may be laid down specifying that a trader who does not contribute to the operation of the board shall pay a higher amount than a trader who contributes to the operation of the board.
(4) The Minister may lay down rules stipulating that the Danish Consumer Agency may claim payment from the approved private complaints or appeals boards for expenses defrayed by the Danish Consumer Agency in connection with the levying of distraint for such expenses.
Part 6
Delegation of powers
18. If the Danish Minister for Economic and Business Affairs delegates his powers under this Act to the Danish Consumer Agency, the Minister may lay down rules governing the right to complain, including rules to the effect that complaints cannot be brought before another administrative authority.
Part 7
Penalty provisions
19.-(1) Rules laid down pursuant to section 11(2) may prescribe that a fine shall be payable if the provisions are violated.
(2) Companies etc (legal persons) may incur criminal liability subject to the provisions laid down in Part 5 of the Danish Penal Code.
Part 8
Commencement, etc.
20.-(1) This Act shall enter into force on 1 January 2004 and shall apply to complaints filed with a complaints board after that date. However, section 14 shall enter into force on 1 July 2003. Complaints filed before this Act enters into force shall be correspondingly dealt with pursuant to this Act, except that sections 16 and 17 shall not apply.
(2) The Danish Consumer Complaints Board Act, see Consolidated Act no. 282 of 10 May 1988, shall be repealed.
(3) Rules laid down pursuant to section 2, section 3(2) and section 4(3) of Consolidated Act no. 282 of 10 May 1988 regarding the Danish Consumer Complaints Board shall remain in force until repealed or superseded by rules issued pursuant to this Act or any other enactment.
21. (Omitted).
22. This Act shall not apply to the Faroe Islands and Greenland but may be put into force for the said parts of the realm by a Royal Decree, subject to any deviations dictated by the specific conditions prevailing in Greenland and the Faroe Islands.
Act No. 431 of 6 June 2005 contains the following commencement provision:
Section 85
(1) This Act shall enter into force on 1 November 2005, see, however, subsection (2).
(2) (omitted)
Act No. 538 of 8 June 2006 contains the following commencement provisions:
Section 105
(1) This Act shall enter into force on 1 January 2007, see, however, subsections (2)-(22) and section 106.
(2) (omitted)
(3) (omitted)
(4) (omitted)
(5) (omitted)
(6) (omitted)
(7) (omitted)
(8) (omitted)
(9) (omitted)
(10) (omitted)
(11) (omitted)
(12) (omitted)
(13) (omitted)
(14) (omitted)
(15) (omitted)
(16) (omitted)
(17) (omitted)
(18) (omitted)
(19) (omitted)
(20) (omitted)
(21) (omitted)
(22) (omitted)
Section 106
(omitted)
Act No. 1336 of 19 December 2008 shall contain the following commencement provisions:
Section 167
(1) This Act shall enter into force on 1 January 2009, see, however, subsection (2). Section 11 shall only apply to decisions on withholding of pay made after the Act entered into force.
(2) (omitted)
Act No. 517 of 12 June 2009 shall contain the following commencement provisions:
Section 3
(1) This Act shall enter into force on 1 January 2010.
(2) Sections 4-4 d of the Danish Consumer Complaints Act as drawn up by section 1, paragraph (1) of this Act, shall apply to complaints filed after the entry into force of this Act
(3) A chairman or deputy chairman, not being a judge, appointed before the entry into force of this Act for an approved private complaints or appeals board may remain in such office until the expiry of the appointment, notwithstanding section 5(2) of the Danish Consumer Complaints Act as amended by section 1, paragraph (2) of this Act. No reappointment shall be made.
Act No. 73 of 26 January 2010 shall contain the following commencement provisions:
Section 3
(1) This Act shall enter into force on 1 February 2010.
(2) This Act shall apply to cases where the complaint to the Consumer Complaints Board or an approved private complaints or appeals board was filed on 1 January 2010 or later.
The Danish Ministry of Economic and Business Affairs, 8 September 2010
Brian Mikkelsen
/Morten Hjulsager
Subsequent amendment to Consolidated Act No. 1095 of 8 September 2010
Section 3
The Danish Act on Consumer Complaints (the Consumer Complaints Act), see Consolidated Act No. 1095 of 8 September 2010, shall be amended as follows:
1. In section 10 there shall be inserted as subsections (5)-(9):
"(5) In addition, the Minister may lay down rules to the effect that communication shall take place digitally between the Danish Consumer Complaints Board and traders.
(6) The Minister may lay down detailed rules on digital communication between the Danish Consumer Complaints Board and traders, including rules on the use of specific IT systems, special digital formats and digital signature or the like.
(7) The Minister may lay down rules to the effect that the Danish Consumer Complaints Board may issue decisions and other documents to traders, see subsection (5), without any signature, with a mechanically or similarly reproduced signature, or using a technique which ensures unique identification of the person who issued the decision or the document. Such decisions and documents shall have the same status as decisions and documents furnished with a personal signature.
(8) The Minister may lay down rules to the effect that decisions and any other documents made or issued exclusively on the basis of electronic data processing may be issued by stating the Danish Consumer Complaints Board as the only sender.
(9) Digital information shall be deemed to have reached its destination when it is available to the addressee of the information."