Forbrugerrådet (the Danish Consumer Council) has set up a scheme which offers the consumers financial support and guidance in leading consumer cases. The scheme has been financed by the Ministry of Trade and Industry.
The purpose of the scheme is to promote judicial decisions in cases of particular interest to the consumers, including cases which may be of importance to the legislative development in the consumer area, i.e.:
The case must be of importance to the legislative development in the consumer area.
The case must concern a problem which has not been solved in earlier case law.
There must be particular reasons for conducting the case.
Of general interest to the scheme are for example:
Interpretation of consumer law of fundamental importance to the consumers where it may be important to set precedents.
Leading cases which the consumer has won in a complaints board, but where the decision is not being followed by the trader in question.
Leading cases where the subject matter falls outside the complaints boards’ competence.
Leading cases where the amount falls outside the complaints boards’ competence (over or under the limit).
Leading cases which are not suited for hearing in the complaints boards, cf. cases which require examination of the parties and witnesses.
Leading cases which fall entirely outside the complaints boards’ competence.
Some examples of leading cases:
Is fainting covered by the accident definition of the accident insurance?
Food poisoning cases in restaurants in relation to the burden of proof rules of the product liability law.
Personal injury caused by use of hair dye and hair bleach products – the question of system damage and warnings.
The binding effect of advertisements.
The service book: a guarantee or a recommendation?
Personal injury caused by specialists in private practice.
