APPENDIX B: SUMMARIES OF SELECTED CASES
local authority must thus make the necessary educational materials available to
all pupils, including pupils who have not returned educational materials which
their school has previously issued to them.
The Ombudsman agreed with the Ministry’s conception of the law and found
the school’s practice of withholding educational materials to be a matter for
criticism.
The Ombudsman also considered the issue of compensation for lost school
books, which in his opinion must be resolved on the basis of the general rules
of Danish law on non-contractual damages. The Ombudsman explained in
general terms that part of the law of torts which was of relevance to the case
and stated, among other things, that a pupil must make a plausible and convincing explanation as to how a book has been accidentally lost if he or she is
to be exempted from liability. Furthermore, a local authority will to a large
extent be able to raise a claim against the pupil’s parents pursuant to the
Children’s Liability for Damages Act.
2012-11. Local authority’s charging of fee for supplying
copies of property assessment notices
A lawyer complained that a local authority charged a fee of DKK 70 for copies
of property assessment notices with reference to section 30 a of the Act on
Taxation of Real Property and to the executive order on local authorities’ right
to charge a fee for supplying information on real property to private individuals.
The Ombudsman obtained a statement from the Ministry of Economic Affairs
and the Interior. The Ministry was of the opinion that, based on an interpretation of the purpose of section 30 a of the Act on Taxation of Real Property and
the appurtenant executive order, local authorities had no legal basis for charging
a fee for supplying copies of property assessment notices. The purpose of the
provisions had been to compensate local authorities for the administrative work
of filling in charts with information on real property – typically in connection
with property transactions. The administrative burden of supplying a copy of a
property assessment notice was significantly lighter.
In the Ministry’s opinion the local authority’s supplying of copies was instead
governed by the Act on Public Access to Documents on Public Files and the
provisions on the charging of fees issued under the authority of that Act.
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