Law (2008:1038) On The European Small Claims Procedure

Original Language Title: Lag (2008:1038) om europeiskt småmålsförfarande

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Read the untranslated law here: http://rkrattsbaser.gov.se/sfst?bet=2008:1038

According to the Riksdag's decision provides.



Scope of application



section 1 of this Act contains provisions which complement

European Parliament and Council Regulation (EC) no 861/2007 of the

the Council of 11 July 2007 establishing a European

small claims procedure.



Application



section 2 of an application that initiates a European small claims procedure is given

to the District Court.



Processing



§ 3 subject to the provisions of Regulation (EC) no

861/2007 establishing a European small claims procedure

or of this Act, the provisions applicable to such

civil proceedings referred to in Chapter 1. paragraph 3 (d)

the code of judicial procedure to be applied in a European small claims procedure.



section 4 of the code of judicial procedure or for the purposes of this law, the

a judgment given on the basis of article 7(3) of regulation

(EC) no 861/2007 establishing a European

small claims procedure shall be deemed to be a judgment by default.



A default judgment shall be served on the parties.



Recycling and appeal



section 5 an application for recovery of a judgment by default shall be entered

to the District Court within one month from the date of notification of the party

the judgment in default.



section 6, an appeal of a District Court judgment or decision

is the intake of such judgment shall have been submitted to the District Court

within three weeks from the date of notification of the ruling party.



One party has appealed the District Court ruling, the respondent;

In addition to what follows from the first paragraph, the appeal within

one week from the date of the appeal period for the former

the party walked out.



An appeal referred to in the second paragraph, if the

the first appeal is withdrawn or lapses for any other reason.



Enforcement



section 7 by the enforcement of a judgment given in another

Member State shall in enforcement, provisions on the beam

enforcement of a judgment which has the force of res judicata applied,

subject to article 15, 21, 22 or 23 of the

Regulation (EC) no 861/2007 establishing a European

small claims procedure.