Law (2008:879) On The European Order For Payment Procedure

Original Language Title: Lag (2008:879) om europeiskt betalningsföreläggande

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Read the untranslated law here: http://rkrattsbaser.gov.se/sfst?bet=2008:879

Scope of the directive



section 1 of this Act contains provisions which complement

European Parliament and Council Regulation (EC) no 1896/2006 of the

on 12 december 2006 creating a European

order for payment procedure.



Application, etc.



section 2 of the applications for a European order for payment to be

made in Sweden submitted to the bailiff.



section 3 of the Government or the authority, as the Government may determine

provide that applications and disputes may

be submitted in the form of electronic documents.



With electronic document means a recording made

with the help of automated treatment and whose content and

exhibitors are verified by some technical procedure.

Government or authority the Government determines

announce details relating to electronic documents.



section 4 of the application or opposition submitted in the form of a

electronic document shall be submitted to a reception place for

electronic documents as the Swedish enforcement authority designated by them. A

such an act shall be deemed to have been received by the

The Swedish enforcement authority once it has arrived at

delivery point.



section 5 of the applicant for a European order for payment should

pay a filing fee. The Government may provide

If the rate of charge.



The application fee must be paid in advance.



If the applicant does not comply with an order to pay

the application fee, the application shall be rejected.



§ 6 If the European order for payment has not been able to

be served, the bailiff to examine whether attempts to

the service will continue, or whether the application should be rejected. At

This review shall take account of the work and the cost

that so far has gone into service, the conditions

to further try to succeed as well as the circumstances in

otherwise.



section 7 if the applicant withdraws its application, should the goal be written off.



Partial payment



section 8 for a European order for payment is issued for

only a part of the claim specified in the application, the

remaining part of the application is closed.



The applicant's right to compensation for the costs of the case



section 9 Compensation to the applicant for the costs of the case may refer to:

application fee plus a reasonable amount for



1. service of process,



2. translation of documents, and



3. the applicant's own work on the occasion of the target and fees

to counsel or counsel.



Reimbursement of expenses referred to in the first subparagraph 3 shall only

If there are particular reasons why they should be fixed at more than

380 dollars. Team (2013:1063).



The submission of the case to a court or other authority



section 10 on the procedure to proceed according to the rules of ordinary

civil procedures, the Enforcement Authority

the case to the Court or authority as

the documents, is competent to hear the case.



If a court or any other authority finds that there is no

appears from the file that it is competent to hear the case,

should the target be handed over to another court or authority

can be competent.



An order for surrender in accordance with the second subparagraph may not

be appealed.



section 11 of the case submitted to the Court or other

authority shall be deemed to be seized when the application came in to

The Swedish Enforcement Administration.



The documents which the applicant has given in to

The Swedish enforcement authority shall be regarded as a court summons.

Atmosphere of the case shall be issued when the Court decides on the

the target's management.



The Swedish enforcement authority has submitted a case to the District Court

or other authority pursuant to section 10 of the first paragraph, prevents section 24 of

procedural law (2010:1932) not to the District Court or

authority does the defendant acts in goal by simplified

service in the event of the latter during the processing of

The Swedish enforcement authority has been informed that such service

can be used in the proceedings in the District Court or

authority. Law (2010:1981).



The appeal of the Swedish enforcement authority



section 12 of the Swedish enforcement authority under this Act shall not

be appealed.



Review



section 13 of the application for review of a European

order for payment to be made in writing.



The application shall be submitted to the Court of appeal, if the target according to section 10 of would

have been handed over to the District Court. If the goal were to have been submitted

to another court or authority, shall be filed with

Svea Court of appeal.



Granted the application, to the right at the same time decide that new

the processing will take place at the Swedish enforcement authority. At law

processing concerns in other provisions on rising in 58

Cape. 5 §, § 6, first and second subparagraphs and paragraph 8 of

the code of judicial procedure, mutatis mutandis.



Enforcement



section 14 by the enforcement of a European

order for payment declared enforceable in one

another Member State, the enforcement provisions of the beam on the

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

subject to article 22 or 23 of regulation

(EC) no 1896/2006 creating a European

order for payment procedure.



Other provisions



15 § subject to Regulation (EC) no 1896/2006

creating a European order for payment procedure and

specific provisions nor court in this Act,

apply, mutatis mutandis, the provisions relating to enforcement goals in 1

Cape. 3-5 sections and Chapter 2. 6-9 and 20 § § enforcement code.



Transitional provisions



2010:1981



1. This law shall enter into force on 1 april 2011.



2. Older provisions apply where a document has been sent or

submitted by 1 april 2011.



2013:1063



1. This law shall enter into force on 1 January 2014.



2. Older rules still apply in case that have come

to the Swedish enforcement authority before the date of entry into force.