As a starting point this requires a financial institution to be a party in a court case, that the parties involved agree on the wording of the questions and that the court has approved the procurement of a legal opinion.
Conditions for submitting a legal opinion are:
1. Upon the request of a party in a court case, where a financial institution is involved in the lawsuit, Finance Denmark’s legal committee can submit a legal opinion on what may be regarded as customary practice for financial institutions.
2. The legal opinion is submitted as long as the parties agree on procuring a legal opinion and the wording of the questions. If the parties are not in agreement, a legal opinion may only be submitted if the court allows a party to procure it.
3. If neither of the parties involved in the case are a financial institution, a legal opinion can only be submitted if the legal committee finds it reasonable or appropriate.
4. The legal committee can decide that Finance Denmark may not submit a legal opinion in special cases.
