Law (2014:912) With Supplementary Provisions On Jurisdiction And The Recognition And International Enforcement Of Certain Decisions

Original Language Title: Lag (2014:912) med kompletterande bestämmelser om domstols behörighet och om erkännande och internationell verkställighet av vissa avgöranden

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Read the untranslated law here: http://rkrattsbaser.gov.se/sfst?bet=2014:912

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.