Denmark

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The Marketing Practices Consolidation Act

Section 30 (1) Non-observance of a prohibition or injunction imposed by the court or an injunction imposed by the Consumer Ombudsman under section 23(2) or under section 27(2) shall be liable to a fine or imprisonment of up to four months. However, non-observance of an order to repay a payment received does not carry a penalty. (2) A party who omits to mention information required under section 22(2), or under section 22a(3) second sentence, or under circumstances covered by this Act gives the Consumer Ombudsman incorrect or misleading information, shall be liable to a fine unless a more severe penalty is prescribed under other legislation. (3) Infringement of the provisions of section 3(1-2), sections 4-6, section 8(2), sections 9-11, section 12a(1-2), section 13(1-4), section 14, section 15(3) and section 16(1-4) and deliberate infringement of section 18 shall be liable to a fine unless a more severe penalty is prescribed under other legislation. Infringements of section 3(2) that consist of damaging references to another trader or matters that apply in particular to the party in question, and infringement of section 5 are subject to private prosecution. (4) Infringement of section 19 shall be liable to a fine or imprisonment of up to eighteen months, unless a more severe penalty is prescribed under section 299 a of the Danish Penal Code. Prosecution will take place only at the request of the injured party. (5) Regulations issued pursuant to this Act may prescribe penalties in the form of fines for infringement of such regulations. (6) Companies etc. (legal persons) may be subject to criminal liability under the rules of Part 5 of the Danish Penal Code.

Section 20 (1) Actions in conflict with this Act may be prohibited by judgments. Concurrently with this or subsequently, such injunctions may be imposed by judgments as may be considered necessary to ensure 1) compliance with the prohibition, including through provision that agreements entered into in conflict with a prohibition are invalid, and 2) restitution of the state of affairs existing before the unlawful action, including destruction or recall of products and issue of information or correction of statements. (2) Actions in conflict with this Act incur liability to pay damages under the general rules of Danish law. (3) Any person who infringes or unwarrantably takes advantage of another’s rights in conflict with this Act shall pay reasonable damages for this. (4) If infringement or exploitation of rights in conflict with this Act has taken place neither intentionally nor through negligence, the offender shall pay damages in accordance with subsection (3) to the extent deemed reasonable.

Section 22 (1) It is the responsibility of the Consumer Ombudsman to monitor compliance with this Act and the executive orders issued pursuant to this Act, especially in the interests of consumers. (2) The Consumer Ombudsman may require the disclosure of all details considered necessary for his activities, including a decision as to whether a matter falls within the purview of the Act. Such disclosure may be required within a short time limit where comparative advertising is concerned or when considered necessary under the circumstances. (3) The Consumer Ombudsman will be appointed by the Minister for Economic and Business Affairs for a period of six years, and may be discharged without application only if such discharge is for health reasons, or if the individual concerned is unfit to remain in the post as a result of criminality, misconduct in service or fraud. Employment ceases automatically at the end of the month in which the individual concerned reaches the age of 70. No extension or reappointment is permitted. The Consumer Ombudsman shall fulfil the general conditions for appointment as a judge. (4) No appeal may be lodged against the Consumer Ombudsman’s rulings under this Act before any other administrative authority. (5) The Minister for Economic and Business Affairs lays down more detailed regulations governing the activities of the Consumer Ombudsman.