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The Supreme Court decided that a man was
subject to tax and VAT in Denmark and ordered
him to pay a significant amount of tax and
VAT. The man lodged a complaint with the
Ombudsman as he believed the Supreme Court’s
decision was incorrect. The Ombudsman had to
reject the case as he cannot consider com
plaints about the courts.
Pursuant to the Ombudsman Act (section
7(2)), the Ombudsman cannot consider com
plaints about the courts. Consequently, the
Ombudsman cannot consider complaints about
judgments and other decisions by the courts.
It is also the Ombudsman’s established practice
not to consider cases or issues that are sub
judice or expected to be brought before the
courts.
An elderly woman wrote to the Ombudsman that
she feared the local authority would send her to
a nursing home against her will. She therefore
wanted to know her rights and whether she was
protected by the law.
The Ombudsman explained to the woman that
he cannot make general legal statements
except in connection with processing a com
plaint about a particular situation. He therefore
could not immediately help her unless her ap
proach concerned an actual decision by the local
authority. He also wrote to her that the local au
thority was obliged to provide further guidance if
she wanted information about her legal position.
If the Ombudsman cannot immediately advise
a citizen on one or more specific issues, he at
tempts as far as possible to refer the citizen to
the relevant authority or authorities.
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