Denmark: Supreme Court to rule on legality of underage 'control buyers'

Denmark's Supreme Court will on Friday consider the legality of using underage "control buyers" to catch retailers selling age-restricted goods. The case involves a kiosk owner on Als who sold snus to a 16-year-old, whom he believed was over 18, unaware the buyer was working for the Danish Safety Technology Authority. The authority uses such methods to check compliance with sales regulations for items like tobacco and alcohol. The kiosk owner was fined 25,000 kroner, a decision upheld by lower courts, but he has appealed to the Supreme Court. His defense lawyer, Allan Nejbjerg, argues that the authority's practice of provoking offenses is unlawful, violating both the Administration of Justice Act and the European Convention on Human Rights. "The violation would not have happened if this provocation had not been made," Nejbjerg stated, warning of future distrust in authorities if the method persists. He called it a "significant breach of Danish legal certainty."

“

The violation would not have happened if this provocation had not been made.

The prosecution, however, maintains that the use of young agents is legal and essential for effective control, which would otherwise be difficult. Special prosecutor Jesper Holm argued that the police do not accelerate offenses, as the kiosk owner had the opportunity to ask for identification and refuse the sale. Holm added that the control was not based on suspicion against the specific store but on a general concern about compliance within the retail sector, noting that 34% of Danish retailers still fail to adhere to alcohol and tobacco sales rules. The Supreme Court is expected to deliver its verdict on August 28.

“

It is a significant breach of Danish legal certainty that authorities are allowed to do this.