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Particulars of body:
The following
private-sector complaint and
appeal bodies are approved by
the Forbrugerklagenævnet:
Further details of each
bodys structure and powers
and the costs associated with
dealing with a case may be
obtained from the
Forbrugerklagenævnet, by
consulting the
Forbrugerstyrelsens Internet
site.
Structure: The
Forbrugerklagenævnet consists
of a chairman together with
members representing the
interests of consumers and
trade and industry. The
chairman must fulfil the
general conditions necessary
for appointment as a judge
and may not have any special
interest in consumer
organisations or trade and
industry organisations. The
consumer and trade and
industry representatives are
appointed by the Minister of
Business and Industry for
three years at a time, on the
recommendation of the
organisations concerned.
Powers: The
Forbrugerklagenævnet deals
with complaints from
consumers concerning goods,
work or services provided by
a business. Complaints may
not be lodged by public
authorities or public
institutions. Complaints may
be lodged against a party
who, under the general
provisions of Danish law, can
be sued in a Danish court
concerning the matter to
which the complaint relates.
Compensation must amount to
at least DKK 500, but not
more than DKK 24 000. The
powers of the
Forbrugerklagenævnet are
specified in more detail in
the Order on its sphere of
activity (Bekendtgørelse om
Forbrugerklagenævnets
virksomhedsområde).
Procedure: A complaint
is dealt with on the basis of
written documentation, and
oral statements may not be
made by the parties during
meetings of the Board. A
complaint may be referred to
the Board only if it has
already been addressed to the
business concerned.
Cost: The fee for the
hearing of a complaint is DKK
80, or DKK 400 in cases
involving a motor vehicle. If
the main points of the
consumers complaint are
upheld, the opposing party
must pay the fee. The Board
covers the cost of procuring
any expert opinions regarded
as necessary. Neither party
pays the other partys costs
incurred as a result of the
hearing.
Nature of the
Decision: Decisions are
not binding or enforceable.
When the Board has made a
decision, the matter can be
taken to court by either
party. If the Boards
decision is not complied
with, its secretariat will
take the matter to court, at
the request and on behalf of
the consumer.
Enforcement: See 6.
Decisions are not binding. If
a decision is not complied
with by a business, the case
must be taken to court. For
more detailed information,
see the Forbrugerstyrelsens
Internet site.
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