Unofficial translation of the Ministerial Order no. 173 of 26 February 2007 concerning the rules governing the organisation of the Danish Consumer Ombudsman institution.
In pursuance of section 22(5) of the 2005 Danish Marketing Practises Act, the following rules set out the frame for the Consumer Ombudsman institution and its work:
1. The Danish Consumer Ombudsman can initiate investigation activities on his own initiative or following a complaint submission. The Danish Consumer Ombudsman is not obliged to investigate all complaints submitted.On deciding whether to undertake investigation following a complaint submission, the Danish Consumer Ombudsman must primarily take into consideration his duty to prioritize consumer protection activities.
(2) The Danish Consumer Ombudsman's right to prioritize his work as set out in section 1 above does not apply to complaints submitted by competent authorities in other Member States pursuant to the EC Regulation 2006/2004 on cooperation between national authorities responsible for the enforcement of consumer protection laws with respect to directives which the Danish Consumer Ombudsman as competent authority has specific responsibilities to enforce, cf. appendix one.
2. The Danish Consumer Ombudsman must keep the public informed about cases of general interest or of particular importance in accordance with the definition of the rules set out in the Danish Marketing Practises Act whether investigated by the institution itself or the court system.
3. The Danish Consumer Ombudsman can intervene in civil court cases under the general rules set out in the Danish Administration of Justice Act concerning the Danish Marketing Practises Act.
(2) In pursuance of section 348 of the Financial Business Act, section 3(3) of the Danish Securities Trading, etc. Act and section 120 of the Act on Investment Associations and Special-Purpose Associations as well as other Collective Investment Schemes etc., the Danish Consumer Ombudsman can bring actions with respect to the financial area.
4. The Danish Consumer Agency provides the Danish Consumer Ombudsman with staff.
(2) By the fiscal year end, the Danish Consumer Agency draws up a statement outlining the current year’s activities and the administration in general to the Ministry of Consumer and Family Affairs.
5. This Order takes effect 15 March 2007. Executive Order no. 890 of 26 October 2004 concerning the rules governing the organisation of the Danish Consumer Ombudsman is hereby repealed.
Below you can find the Directives and Regulations covered by Article 3(a) (1) and monitored by the DCO. For possible amendments, see the Regulation (www.eur-lex.europa.eu)
1. Council Directive 84/450/EEC of 10 September 1984 relating to the approximation of the laws, regulations and administrative provisions of the Member States concerning misleading advertising
2. Council Directive 85/577/EEC of 20 December 1985 to protect the consumer in respect of contracts negotiated away from business premises.
3. Council Directive 87/102/EEC of 22 December 1986 for the approximation of the laws, regulations and administrative provisions of the Member States concerning consumer credit
4. Council Directive 90/314/EEC of 13 June 1990 on package travel, package holidays and package tours
5. Council Directive 93/13/EEC of 5 April 1993 on unfair terms in consumer contracts
6. Directive 94/47/EC of the European Parliament and of the Council of 26 October 1994 on the protection of purchasers in respect of certain aspects of contracts relating to the purchase of the right to use immovable properties on a timeshare basis
7. Directive 97/7/EC of the European Parliament and of the Council of 20 May 1997 on the protection of consumers in respect of distance contracts
8. Directive 97/55/EC of the European Parliament and of the Council of 6 October 1997 amending Directive 84/450/EEC concerning misleading advertising so as to include comparative advertising
9. Directive 98/6/EC of the European Parliament and of the Council of 16 February 1998 on consumer protection in the indication of the prices of products offered to consumers
10. Directive 1999/44/EC of the European Parliament and of the Council of 25 May 1999 on certain aspects of the sale of consumer goods and associated guarantees
11. Directive 2000/31/EC of the European Parliament and of the Council of 8 June 2000 on certain legal aspects of information society services, in particular electronic commerce, in the Internal Market (Directive on electronic commerce)
12. Directive 2002/65/EC of the European Parliament and of the Council of 23 September 2002 concerning the distance marketing of consumer financial services
13. Directive 2005/29/EC of the European Parliament and of the Council of 11 May 2005 concerning unfair business-to-consumer commercial practices in the internal market