of 3 March 1996, that the requirement of citizenship
mentioned in the application form was to be understood
merely as a requirement of permanent residence in Denmark.
Later, the DRC requested information from the bank about the
number of foreigners who had actually obtained loans. On 9
April 1996 Sparbank Vest informed the DRC that the bank did
not register whether a customer was a Danish citizen or not
and therefore it was not in a position to provide the
information requested. It also said that in cases of foreign
applicants the bank made an evaluation taking into account
whether the connection to Denmark had a temporary
character. In the bank's experience, only by a permanent and
stable connection to the country was it possible to provide the
necessary service and ensure stable communication with the
customer.
2.4 On 23 May 1996 the DRC reported the incident concerning
the author to the police department in Skive on behalf of the
author, alleging that the bank had violated the Danish Act on
the prohibition of differential treatment on the basis of race.
The DRC enclosed copies of its previous correspondence with
Sparbank Vest. By letter dated 12 August 1996 the police
informed the DRC that the investigation had been discontinued
given the lack of evidence that an unlawful act had been
committed. The letter indicated that the requirement of Danish
citizenship had to be considered in connection with the
possibility of enforcement and that the bank had given
assurances that the provision would be deleted when printing
new application forms.
2.5 On 21 August 1996 the DRC lodged a complaint with the
State Prosecutor in Viborg, challenging the decision of the
police department to consider the citizenship criterion
legitimate. The author had a clear permanent connection to
Denmark in view of the fact that he was married to a Danish
citizen and had a regular job. The fact that the bank still
insisted on documentation with regard to Danish citizenship
constituted a discriminatory act which could not be justified by
the bank's interest in enforcing its claim. The DRC also
emphasized the fact that Sparbank Vest had not provided any
information regarding foreign customers, despite the fact that
such information was relevant to determine whether or not the
loan policy was discriminatory. By letter dated 6 November
1996 the State Prosecutor informed the DRC that he did not
see any reason to overrule the police decision.