Introductory provisions
The law's content
1 §/expires U: 2015-10-01/
This law contains provisions that complement
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), and
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).
By the first subparagraph 1 and 2 complements Act regulations
even the agreement on 19 October 2005 between the European
community and the Kingdom of Denmark on jurisdiction
and the recognition and enforcement of judgments in
Civil and commercial matters (Denmark's), since the 2012
The Brussels I Regulation and the 2000 Brussels I Regulation
apply in the relationship between the European Union and Denmark as a result of
This agreement.
1 section/entry into force: 2015-10-01/
This law contains provisions that complement
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. The Hague Convention of 30 June 2005 on choice of
Court (2005 Hague Convention).
By the first subparagraph 1 and 2 complements Act regulations
even the agreement on 19 October 2005 between the European
community and the Kingdom of Denmark on jurisdiction
and the recognition and enforcement of judgments in
Civil and commercial matters (Denmark's), since the 2012
The Brussels I Regulation and the 2000 Brussels I Regulation
apply in the relationship between the European Union and Denmark as a result of
This agreement. Law (2015:428).
Reserve forum
2 § If there is Swedish jurisdiction under an act of the European Union
or an international instrument referred to in paragraph 1 and
any other court of competent jurisdiction is absent, the Stockholm District Court
competent.
Special vägransgrund
paragraph 3, where an application is made pursuant to a legal act of the Union or a
international instruments referred to in paragraph 1 to 4 shall a
ruling concerning a civil claim not recognized
or enforced in Sweden, where it was given in another
State in a criminal case relating to a not willful violation of
someone who
1. neither is domiciled or is a national of that State;
2. you have not obeyed an order to personal appearance,
and
3. has not had the opportunity to respond to the case.
Recognition and enforcement according to the 2012
The Brussels I Regulation
Procedure for refusal of recognition or enforcement
section 4 of the application according to the 2012 Brussels I Regulation
a decision not to be recognised or enforced in Sweden
is made to the District Court that the Government provides.
An application pursuant to the same regulation for an explanation to the
not grounds for refusing recognition of a
crucial is made to the District Court that the Government
prescribes.
§ 5 in the Court of the issues referred to in paragraph 4 of the
the law (1996:242) on court cases, if not something
subject of the 2012 Brussels I Regulation.
Enforcement
section 6, If a decision is enforceable at 2012 Brussels
In regulation, executed the decision according to the enforcement code
in the same way as a Swedish verdict that has a legal effect, if
subject to regulation.
At the enforcement of a decision relating to a
security measure instead the provisions of
the enforcement code for execution of the attachment order
or other security measure.
Adaptation
section 7 of the bailiff is the competent authority to deal with
such issues of adaptation, as referred to in article 54 in the 2012
The Brussels I Regulation. At the Authority's management applied
the enforcement code, subject to
the regulation.
Special notice in enforcement cases
section 8 if the defendant in front of an objection to the
Enforcement authority which can be assumed to refer to that decision with
application of the 2012 Brussels I Regulation is either 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 enforcement authority without
inform him or her of the possibility provided for in
the regulation to make the complaint through an application
to court.
Recognition, enforceability and enforcement under 2000
the Brussels I Regulation, the Brussels Convention or
The Lugano Convention
Procedure for recognition or enforceability
§ 9 an application for a ruling to be recognised or
declared enforceable in Sweden under a legal act of the Union,
or an international instrument referred to in paragraph 1 of the 2-4 are made
to the District Court that the Government provides.
section 10 of the application for amendment under a legal act of the Union or a
international instruments referred to in paragraph 1 of the 2 – 4 of a decision
in respect of an application under section 9 is made to
District Court which has issued the decision.
If such an application is made by the person who has made application under
section 9, shall be submitted to the District Court within four weeks
from the date of the decision.
section 11 in the Court of the issues referred to in 9, and
10 § § apply otherwise Act (1996:242) about court cases,
subject to legislative act or the
international instrument.
Enforcement
section 12 If a decision declared enforceable pursuant to a
legal act of the Union or an international instrument referred to
paragraph 1 of the 2-4, executed the decision according to the enforcement code on
the same way that a Swedish verdict that has a force of law, unless
subject of Union legal act or the
international instrument.
At the enforcement of a decision relating to a
security measure instead the provisions of
the enforcement code for execution of the attachment order
or other security measure.
section 13, If the district court approves an application pursuant to section 9, that its
crucial will be declared enforceable, the District Court's
decision shall be deemed to include an attachment order or any
other action referred to in chapter 15. the code of judicial procedure.
Recognition and enforcement according to the regulation on the
European enforcement order
Correction of certificate
paragraph 14 of a European enforcement order due
a material error does not match the
underlying judgment or authentic instrument or the
underlying this decision, shall be notified by the Court certificate
or authority issuing the certificate.
A decision in the case of rectification cannot be appealed.
Revocation of certificate
section 15 a European enforcement order has
issued in contravention of the requirements of the regulation on the
European enforcement order certificate shall be withdrawn by the
Court or authority issuing the certificate.
Before the certificate is revoked, the Parties shall have the opportunity to be heard
If it is not unnecessary.
A decision in the case of withdrawal may not be appealed.
Enforcement
section 16 If a decision certified as a European
enforcement order enforced the decision under
the enforcement code in the same way as a Swedish verdict that has a
final and conclusive, subject to article 21 or 23
in the regulation on the European enforcement order.
/Rubriken entry into force: 2015-10-01/
Enforceability and enforcement under the 2005
Convention ".
/Rubriken entry into force: 2015-10-01/
Procedure for enforceability
section 17/entry into force: 2015-10-01/
An application for a ruling to be explained
enforceable in Sweden under the 2005 Hague Convention are made
to the District Court that the Government provides.
Law (2015:428).
section 18/entry into force: 2015-10-01/
In article 13(1) and 13(2) of the 2005 Hague Convention see
provisions of any documents to be attached to an application
referred to in section 17 and supplementing in some cases. At
prosecution in a Court of law shall apply in all other respects act (1996:242) if
Court cases. Law (2015:428).
/Rubriken entry into force: 2015-10-01/
Enforcement
the entry into force of section 19 of/in: 2015-10-01/
If a decision declared enforceable according to the 2005
Convention, enforced the decision according to the enforcement code
in the same way as a Swedish verdict that has a legal effect.
Law (2015:428).
Transitional provisions
2014:912
1. this law shall enter into force on 10 January 2015, when the Act
(2006:74) with additional provisions on Court
jurisdiction and the recognition and international
enforcement of certain judgments shall be repealed.
2. Older rules applicable to the processing in Svea
Court of appeal and the Supreme Court cases initiated in
the Court prior to the entry into force.
