This chapter describes and discusses public and private enforcement of consumer and capital market law in Denmark. The chapter is divided into four sections. The first section focuses on enforcement of consumer law in light of Case 1. The second section focuses on enforcement of capital market law in light of Case 2. The third section includes some remarks on general procedural law in Denmark. The fourth and final section includes a conclusion and some reflections on enforcement of consumer and capital market regarding compensation for damages and skimming of profits.

CONSUMER LAW

INTRODUCTION

No consumer cases (neither public nor private) have been filed in Denmark in the aftermath of the diesel emissions scandal. The reason seems to be a combination of insufficient resource and uncertainty of whether Danish consumers have suffered a loss due to the manipulation.

The fact in Case 1 may, however, trigger different provisions in Danish consumer regulation. Firstly, one may argue that the sale of A's manipulated motor vehicles includes false advertisement. In that case, both public sanctions and private remedies may come into play. Secondly, since the vehicles suffers from a material defect it is not in conformity with manufacturer A's obligations, which may activate different private remedies.

Below enforcement of consumer law is viewed from a public and private enforcement perspective in light of the provisions just identified and the facts in Case 1 (Sections B and C). Thereafter, the relationship between public and private enforcement is discussed (Section D).

PUBLIC ENFORCEMENT

Public Enforcers

The Danish Consumer Ombudsman (‘COM’) is the main public enforcer of consumer law in Denmark. COM is an independent public body, with a large toolbox of different public sanctions and private remedies, which may be used to ensure compliance of consumer regulation. COM will as a starting point try to solve a case by negotiation. If that is not possible, a number of different legal tools, which (fully or partially) may eliminate the consequences of the violation, may come into play. The specific sanction and remedy depends on the provisions in question.

Sanctions

False advertisement is a criminal offence subject to a fine. The fine may be issued administratively, but only if the prosecuted accepts the fine (bødeforelæg).