Regulation (2014:1517) The Recognition And Enforcement Of Certain Foreign Judgments In Civil And Commercial Matters

Original Language Title: Förordning (2014:1517) om erkännande och verkställighet av vissa utländska avgöranden på privaträttens område

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Read the untranslated law here: http://rkrattsbaser.gov.se/sfst?bet=2014:1517

Contents of the regulation



1 §/expires U: 2015-10-01/

This regulation contains provisions which

complements



1. European Parliament and Council Regulation (EC) no 1215/2012

of 12 december 2012 on jurisdiction and the

recognition and enforcement of judgments in civil and commercial

area (the 2012 Brussels I Regulation),



2. Council Regulation (EC) No 44/2001 of 22 december 2000

on jurisdiction and the recognition and enforcement

of judgments in civil and commercial matters (Brussels 2000

In Regulation),



3. Convention of 27 september 1968 on jurisdiction

and the enforcement of judgments in civil and commercial matters, together with

access conventions (the Brussels Convention),



4. Convention on 30 October 2007 on jurisdiction

and the recognition and enforcement of judgments in

Civil and commercial matters (the Lugano Convention),



5. European Parliament and Council Regulation (EC) No 805/2004

of 21 april 2004 creating a European

enforcement order for uncontested claims (regulation on

the European enforcement order), and



6. European Parliament and Council Regulation (EC) no 861/2007

of 11 July 2007 establishing a European

small claims procedure (European small claims regulation).



By the first subparagraph 1 and 2 Regulation also complements

the agreement of 19 October 2005 between the European Community and the

The Kingdom of Denmark on jurisdiction and the recognition

and enforcement of judgments in civil and commercial matters

(Denmark's), since the 2012 Brussels I Regulation and

2000 years of the Brussels I Regulation shall apply in the relationship between

The EU and Denmark as a result of this agreement.



1 section/entry into force: 2015-10-01/

This regulation contains provisions which

complements



1. European Parliament and Council Regulation (EC) no 1215/2012

of 12 december 2012 on jurisdiction and the

recognition and enforcement of judgments in civil and commercial

area (the 2012 Brussels I Regulation),



2. Council Regulation (EC) No 44/2001 of 22 december 2000

on jurisdiction and the recognition and enforcement

of judgments in civil and commercial matters (Brussels 2000

In Regulation),



3. Convention of 27 september 1968 on jurisdiction

and the enforcement of judgments in civil and commercial matters, together with

access conventions (the Brussels Convention),



4. Convention on 30 October 2007 on jurisdiction

and the recognition and enforcement of judgments in

Civil and commercial matters (the Lugano Convention),



5. European Parliament and Council Regulation (EC) No 805/2004

of 21 april 2004 creating a European

enforcement order for uncontested claims (regulation on

the European enforcement order),



6. European Parliament and Council Regulation (EC) no 861/2007

of 11 July 2007 establishing a European

small claims procedure (European small claims regulation), and



7. The Hague Convention of 30 June 2005 on choice of

Court (2005 Hague Convention).



By the first subparagraph 1 and 2 Regulation also complements

the agreement of 19 October 2005 between the European Community and the

The Kingdom of Denmark on jurisdiction and the recognition

and enforcement of judgments in civil and commercial matters

(Denmark's), since the 2012 Brussels I Regulation and

2000 years of the Brussels I Regulation shall apply in the relationship between

The EU and Denmark as a result of this agreement.

Regulation (2015:549).



Competent court



2 §/expires U: 2015-10-01/

An application referred to in paragraph 4 or 9 teams (2014:912)

supplementary provisions on jurisdiction and the

recognition and international enforcement of certain

decisions are made in cases referred to in



1. paragraph 4(1) the law to the District Court in the following

list in whose jurisdiction the applicant has his domicile,



2. paragraph 4(2) of the law to the District Court in the following

list in whose jurisdiction the defendant has his legal residence,

and



3. section 9 of the Act to the District Court in the following list

resulting from the



a) article 39(2) of the Brussels I Regulation,



b) article 32 (2) of the Brussels Convention, or



c) article 39(2) of the Lugano Convention.



If an applicant in the case of an application referred to in the first subparagraph 1

or a counterpart in the case of an application referred to in the first subparagraph 2

not domiciled in Sweden, made the application to Nacka

District Court.



District Court Jurisdiction



The Nacka District Court, Stockholm County



Uppsala District Court of Uppsala County



Eskilstuna, Södermanland County District Court



Linköping, Östergötland County District Court



Jönköping City Court, Jönköping County



Växjö kronoberg County



Kalmar, Kalmar County District Court



Gotlands tingsrätt Gotland County



District Court of Blekinge, Blekinge County



Kristianstad City Court Bromölla, Båstad, Hässleholm,

Klippan, Kristianstad, Osby,

Perstorp, Simrishamn,

Tomelilla, Åstorp, Ängelholm,

Örkelljunga and Östra Göinge

municipalities



Malmö District Court Bjuv, Burlöv, Eslöv,

Helsingborg, Höganäs, Hörby,

Höör, Kävlinge Landskrona,

Lomma, Lund, Malmö, Sjöbo;

Skurup, Staffanstorp, Svalöv,

Svedala, Trelleborg, Vellinge

and Ystad municipalities



Halmstad, Halland County District Court



District Court of Gothenburg, Göteborg, Härryda, Kungälv,

Lysekils, Munkedal, Mölndal,

Orust, Partille, Sotenäs,

Stenungsund, Strömstad,

Tanum, Tjörn, Uddevalla and

Öckerö municipalities



District Court of Vänersborg Ale, Alingsås Bengtsfors,

Bollebygd, Borås, Dals-Ed,

Färgelanda, Herrljunga,

Lerum, Lilla Edets, Marks,

Mellerud, Svenljunga, Tranemo,

Trollhättan, Ulricehamn,

Vårgårda, Vänersborg and

Åmåls municipalities



Skaraborgs District Court Essunga, Falköping, grästorp,

Gullspång, Götene, Habo, Hjo,

Karlsborg, Lidköping,

Mariestad, Mullsjö, Crowd,

Skövde, Tibro, Tidaholm,

Töreboda and Be municipalities



Värmlands District Court Värmland County



Örebro District Court County of Örebro



Västmanlands District Court, Västmanlands län



The FALU District Court, Dalarna County, Sweden



Gävle, Gävleborg County District Court



Ångermanland country District Court Västernorrlands län



Östersunds tingsrätt Jämtlands län



Umeå, Västerbotten County District Court



Luleå tingsrätt norrbotten County



2 section/entry into force: 2015-10-01/

An application referred to in 4, 9 or section 17 of the Act (2014:912)

with supplementary provisions on jurisdiction and the

recognition and international enforcement of certain

decisions are made in cases referred to in



1. paragraph 4(1) the law to the District Court in the following

list in whose jurisdiction the applicant has his domicile,



2. paragraph 4(2) of the law to the District Court in the following

list in whose jurisdiction the defendant has his legal residence,



3. section 9 of the Act to the District Court in the following list

resulting from the



a) article 39(2) of the Brussels I Regulation,



b) article 32 (2) of the Brussels Convention, or



c) article 39(2) of the Lugano Convention, and the



4. section 17 of the Act to the District Court in the following list

in whose jurisdiction the defendant has his domicile.



If an applicant in the case of an application referred to in the first subparagraph 1

or a counterpart in the case of an application referred to in the first subparagraph 2

or 4 not domiciled in Sweden, made the application to the

The Nacka District Court.



District Court Jurisdiction



The Nacka District Court, Stockholm County



Uppsala District Court of Uppsala County



Eskilstuna, Södermanland County District Court



Linköping, Östergötland County District Court



Jönköping City Court, Jönköping County



Växjö kronoberg County



Kalmar, Kalmar County District Court



Gotlands tingsrätt Gotland County



District Court of Blekinge, Blekinge County



Kristianstad City Court Bromölla, Båstad, Hässleholm,

KLIPPAN, Kristianstad, Osby, Perstorp, Simrishamn,

Tomelilla, Åstorp, Ängelholm Örkelljunga Östra Göinge, and

municipalities



Malmö District Court Bjuv, Burlöv, Eslöv, Helsingborg, Höganäs Hörby Höör, Kävlinge, Landskrona, Lomma, Lund, Malmö, Sjöbo, skurup, staffanstorp, Svedala, Trelleborg, Svalöv, Vellinge and Ystad municipalities



Halmstad, Halland County District Court



District Court of Gothenburg, Göteborg, Härryda, Kungälv, Lysekil, Munkedal Mölndal Orust Partille,,,, Sotenäs, Strömstad, stenungsund, Tjörn, Tanum, Uddevalla and Öckerö municipalities




District Court of Vänersborg Ale, Alingsås Bengtsfors,

Bollebygd, Borås, Dals-Eds, Färgelanda, Herrljunga, Lerum,

Lilla Edets, Mark, Mellerud, Svenljunga, Tranemo, Trollhättan, Vänersborg and Ulricehamn, Vårgårda, Åmål

municipalities



Skaraborgs District Court Essunga, Falköping, grästorp,

Gullspång, Götene, Habo, Hjo, karlsborg, Lidköping,

Mariestad, Mullsjö, Skara, Skövde, Tibro, Tidaholm,

Töreboda and Be municipalities



Värmlands District Court Värmland County



Örebro District Court County of Örebro



Västmanlands District Court, Västmanlands län



The FALU District Court, Dalarna County, Sweden



Gävle, Gävleborg County District Court



Ångermanland country District Court Västernorrlands län



Östersunds tingsrätt Jämtlands län



Umeå, Västerbotten County District Court



Luleå tingsrätt norrbotten County

Regulation (2015:549).



Obligation of court



section 3 a court applying the 2012 Brussels

In regulation, has decided that a foreign key not

to be enforced in Sweden or that enforcement should

be limited to security measures, be made dependent on the Executive

of security or postponed, the same day send a copy

of the decision to the Swedish enforcement authority. The same applies in

the case of subsequent decisions of relevance to enforcement.



The certification of the



section 4 the Court shall, if someone requests it, a copy of a judgment

or a decision given by the Court shall certify that the

the decision is genuine. If the decision falls within the scope of the regulation on

the European enforcement order, the Court shall also, if any

request it, on a copy of a certificate of a European

enforcement order issued by the Court of Justice indicate that

the certificate is real.



If the decision falls within the scope of the Brussels Convention, the Court shall

In addition to the copy of the judgment or the certificate, specify whether

the judgment is enforceable in Sweden.



§ 5/expires U: 2015-10-01/

A certificate referred to in article 53 or 60 of the 2012 Brussels

In regulation, article 54 of the Brussels I Regulation

or article 54 of the Lugano Convention by the Court

which has issued the decision.



§ 5/entry into force: 2015-10-01/

A certificate referred to in article 53 or 60 of the 2012 Brussels I Regulation, article 54 of the Brussels I Regulation, or article 54 of the Lugano Convention by the Court which has issued the decision. A certificate pursuant to article 13(3) of the 2005 Hague Convention issued by the Court which has issued the decision if a party requests such a certificate.

Regulation (2015:549).



section 6 of the enforcement authority shall, if someone requests it, in a

copy of a rash that has been issued by the authority under

the Act (1990:746) on orders to pay and assistance

certify that the award is real. If the reading falls within the scope of

the regulation on the European enforcement order,

Enforcement authority even if someone requests it, a copy

of a European enforcement order has

issued by the authority indicating that the certificate is real.



If the reading falls within the scope of the Brussels Convention,

Enforcement authority in addition to the copy of the verdict set for

the ruling is enforceable in Sweden. A certificate of a rash

According to article 53 in the 2012 Brussels I Regulation, article 54

in 2000 the Brussels I Regulation, or article 54 of the

The Lugano Convention issued by the enforcement authority.



section 7 of The social welfare committee shall, if someone requests it, a copy of

an agreement on child support that the social welfare Board has approved

certify that the contract is genuine.



If the agreement on maintenance payments are covered by the regulation if

the European enforcement order, the social welfare board which has

approved the agreement, issue a certificate under article 25 of the

the regulation on the European enforcement order and, if

someone requests it, a copy of the certificate indicating that the certificate is

real.



If agreement about alimony is covered by

The Brussels Convention, the social welfare Board on a copy of the contract

specify whether the agreement is enforceable in Sweden. A certificate for the purposes of

Article 57 of the Brussels I Regulation, or article 57 of

The Lugano Convention should be issued by the social welfare board which has

approved the agreement on alimony.



Translations



section 8 A sworn translator is authorized to do

translations under article 57(1) and 57(2) of the 2012

The Brussels I Regulation and article 21(2) of the European

small claims regulation.



§ 9 A sworn translator is authorized to certify

translations under article 55(2) of the 2000 Brussels

In regulation, article 55(2) of the Lugano Convention, article 48(2)

in the Brussels Convention and article 20(2) of the regulation on the

European enforcement order.



Certification for the recognition and enforcement in Sweden



section 10 a court or enforcement authority need not

accept a certificate referred to in article 53 or 60 of the 2012 Brussels

In regulation unless the certificate is issued or translated

to Swedish, Danish or English.



Enforcement authority need not accept a certificate of an

European enforcement order certificate or a certificate concerning a judgment in the

European small claims procedure unless the certificate is issued in

or translated into Swedish or English.



Exchange of information



section 11 of the Judicial Authority is the competent authority for

Exchange of information under article 3 of Protocol 2 of the

The Lugano Convention.



Transitional provisions



2014:1517



1. this Regulation shall enter into force on 10 January 2015.



2. The regulation repeals Regulation (2005:712)

rules on recognition and international enforcement

of certain decisions.



3. the provisions of paragraph 2(2) and paragraph 5 of the repealed

the regulation, however, is still in cases where

Convention of 16 september 1988 on jurisdiction and the

the enforcement of judgments in civil and commercial matters shall apply

under the transitional provisions of the Lugano Convention.