Announcement (2010:584) Under The Act (2006:502) With Certain Provisions For A Preliminary Ruling From The Court Of Justice Of The European Union

Original Language Title: Tillkännagivande (2010:584) enligt lagen (2006:502) med vissa bestämmelser om förhandsavgörande från Europeiska unionens domstol

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Read the untranslated law here: http://rkrattsbaser.gov.se/sfst?bet=2010:584

In section 2 of the Act (2006:502) with certain provisions for a preliminary ruling from the European Court of Justice rules on Swedish courts ' right or obligation to request preliminary rulings of the European Court of Justice on the interpretation of the provisions of international agreements which Sweden has acceded and which have been concluded within the framework of the European Union to the extent that Sweden is committed to this. The Government should give to feel part of such commitments and, second, the provisions of other laws if Swedish legal right or obligation to request a preliminary ruling from the Court of Justice of the European Union. The following is to be known.



Commitments pursuant to article 2 of the first paragraph of the law



1. The Convention on the establishment of a European Police Office (Europol Convention) and the Protocol to the Convention has entered into force on 1 October 1998. Sweden has, in accordance with article 2 (2) (b) of the additional protocol States that every Swedish courts may request the Court of Justice of the European Union to give a preliminary ruling in a case or matter arising at the Swedish court and concerning the interpretation of the Europol Convention, when the Court considers that a decision on the question is necessary to enable it to give judgment. The Convention and the additional protocol are contained in SUN 1999:26 and 1999:27.

The Europol Convention has been replaced on 1 January 2010, the Council decision of 6 april 2009 establishing the European Police Office (Europol).



2. Convention for the protection of the European Communities ' financial interests (fraud Convention), the Protocol to this Convention (the corruption Protocol) and the Protocol for a preliminary ruling by the European Court of Justice on the interpretation of the fraud Convention and Protocol (the Protocol of the Court) have entered into force on 17 October 2002. Sweden has, in accordance with article 2 (2) (b) of the Protocol states that every Swedish courts may request the Court of Justice of the European Union to give a preliminary ruling in a case or matter arising at the Swedish court and concerning the interpretation of the fraud Convention or the corruption protocol, when the Court considers that a decision on the question is necessary to enable it to give judgment. The Convention and protocols, see inmates in SUN 1999:29, 1999:30 1999:31.



3. The Convention on the use of information technology for customs purposes (CIS Convention) and the Protocol for a preliminary ruling by the European Court of Justice on the interpretation of this Convention has entered into force on 25 december 2005. Sweden has, in accordance with article 2 (2) (b) of the Protocol states that every Swedish courts may request the Court of Justice of the European Union to give a preliminary ruling in a case or matter arising at the Swedish court and concerning the interpretation of the CIS Convention, when the Court considers that a decision on the question is necessary to enable it to give judgment. The Convention and the Protocol are contained in SUN 1999:43 and 1999:44.



Provisions under paragraph 2(2) in the Act



1. the Convention of 27 september 1968 on jurisdiction and the enforcement of judgments in civil and commercial matters and the conventions of accession of 9 October 1978, 25 October 1982, on May 25, 1989 and on 29 november 1996 (the Brussels Convention) and the Protocol of 3 June 1971 on the

the Court's interpretation of the Brussels Convention, as amended by the said entry conventions have entered into force in relation to Sweden on 1 January 1999. The Convention and the Protocol the force of law in this country. According to article 2(1) of the Protocol has the following Swedish courts the right to request the Court of Justice to give a preliminary ruling on a question referred for a preliminary ruling: Högsta domstolen, Regeringsrätten, Arbetsdomstolen and marknadsdomstolen. According to article 2 (2) all courts have the right to ask for such a preliminary ruling when they are courts of appeal. It follows that article 2(3) of the Svea Court of appeal has the right to ask for such a preliminary ruling in the case referred to in article 37 of the Convention. In article 3 of the Protocol are additional provisions on the right and obligation to make a reference for a preliminary ruling. The Convention and the Protocol are contained in SFS 1998:358.



2. Act (1998:167) on the law applicable to contractual obligations, in terms of The entry into force of the Protocol, in relation to Sweden on August 1, 2004. Articles 1 to 16 and 18 to 21 of the Convention on the law applicable to contractual obligations (Rome Convention) as well as articles 1 to 4 of the first Protocol on the interpretation by the Court of Justice of the European communities the Rome Convention the force of law in this country with the adjustments and changes that have been made by conventions of accession on 10 april 1984, 18 May 1992, 29 november 1996 and on 14 april 2005. According to article 2 (a) of the Protocol has the following Swedish courts the right to request the Court of Justice to give a preliminary ruling on a question referred for a preliminary ruling: Högsta domstolen, Regeringsrätten, Arbetsdomstolen and marknadsdomstolen. Article 2 b, it follows that all courts have the right to request such a reference when they are courts of appeal.

The Convention and the Protocol are contained in an annex to the law.