CLEMENS is proud that our specialist team Amanda Langeland Knudsen, Camilla Sand Fink and Søren Hammer Westmark have assisted our client, Værftets Madmarked, in a case of violation of the cash rule, which was raised by the Consumer Ombudsman, but where the prosecution has now dropped the charges against Værftets Madmarked.
The cash rule is a provision in the Danish Payments Act, which means that businesses that receive payment in connection with cash sales must ensure that customers can pay with cash on an equal footing with electronic payment solutions. There are very few exceptions to this rule, the basic purpose of which is to prevent discrimination against customers who wish to pay with cash.
In March 2022, Værftets Madmarked introduced a so-called "cash-cow" model for handling cash payments at the food market in Helsingør. The model means that instead of receiving cash payments from customers, the independent food stalls at the food market call one of Værftet Madmarked's employees (the cash-cow), who receives the cash payment and subsequently ensures that the payment is electronically transferred to the stall in question. In this way, all customers have the opportunity to pay with cash at all food stalls at the market, while the individual food stall does not have to deal with cash on hand, unhygienic cash, etc.
However, following Værftet Madmarked's implementation of the cash-cow model, several complaints were filed with the Consumer Ombudsman, who chose to take up the case. CLEMENS' specialist team has been involved in the case from the beginning, and our specialist team originally assessed that the cash-cow model was in accordance with the cash rule, but after a lengthy case process with the Consumer Ombudsman, the Consumer Ombudsman chose in December 2023 to report Værftets Madmarked to the police for violation of the cash rule.
However, in December 2024, the Consumer Ombudsman informed the police that "after reassessment, there is doubt as to whether the "cash-cow" model actually involves a sufficient degree of inconvenience in connection with cash payments", after which the prosecutor dropped the charges against Værftets Madmarked.
Værftets Madmarked can now put a multi-year case behind them with a positive result and an approved cash-cow model, which will ensure an efficient and smooth operation of the popular food market in Elsinore in the future.
CLEMENS therefore congratulates Værftet Madmarked on the dismissal of the charges and the approval of the cash-cow model.
At CLEMENS, we always aim to find the best possible solutions for our clients, and it has been a pleasure to once again see the effectiveness of pairing law with practical solutions.
If you need help on how your business complies with the cash rule or how to handle cases with the Consumer Ombudsman, our specialist team is always ready to help!