The retail association Nærbutikkernes Landsforening is taking Denmark’s use of underage test buyers to the European Court of Human Rights, after losing a case at the Supreme Court.
DR reports that the association has decided to pursue the case of a kiosk owner from Als. He was fined 25,000 kroner in 2024 for selling nicotine pouches to a 16-year-old hired by Sikkerhedsstyrelsen.
Last week the Supreme Court found that the practice does not breach the European Convention on Human Rights. Nærbutikkernes Landsforening disagrees with that conclusion and wants the matter decided by the highest instance.
According to a press release distributed via Ritzau, the Supreme Court ruled on 28 August 2026 and upheld the fine. The court found no violation of Article 6 on the right to a fair trial, and accepted the evidence from the control purchase.
DR reported at the time that five judges heard the case. Four found the use of young control buyers lawful, while one dissented, pointing to the absence of any reasonable suspicion against the kiosk owner before the purchase.
Association wants legal position settled
Jesper Lundberg, chairman of Nærbutikkernes Landsforening, says the law on so-called child agents is so intrusive that shops need clarity. Per Lundberg, the legal position of retailers should be settled once and for all.
He also points to the reasoning behind the ruling. As stated by Lundberg, the association lost because the Danish law is so new that the judges had no earlier judgment to lean on. He reads that as a clear signal to bring the test buyer case further.
Sikkerhedsstyrelsen has used minors as control buyers since 1 July 2024. The method is used to check whether shops sell alcohol, tobacco or nicotine products to customers under the age of 18.
The Folketing recently decided to extend the period with control buyers until 2028. The scheme has been contested by parts of the retail sector since it took effect, including among operators of small shops and kiosks.
The kiosk owner from Als was the subject of the test case that reached the Supreme Court. His 25,000-kroner fine now stands under Danish law, while the association prepares its complaint in Strasbourg.
