Marketing Team (2008:486)

Original Language Title: Marknadsföringslag (2008:486)

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Read the untranslated law here: http://rkrattsbaser.gov.se/sfst?bet=2008:486

Introductory provision



1 §/expires U: 2016-04-01/

This law seeks to promote consumer and

business interests in connection with the marketing and promotion of

products & countering marketing that is unfair

for consumers and professionals.



Rules on marketing, see among others. in



– Act (1992:1672) on package travel,



– the tobacco Act (1993:581),



– Maritime Act (1994:1009)



– Act (1995:1571) on deposit guarantee,



– Act (1996:1006) concerning the obligation to respect certain

financial activities,



– Act (1996:1118) on the marketing of crystal glass,



– Act (1999:268) if payment transfers within the European

economic area,



– Act (1999:158) on investor protection,



– Act (2002:562) on electronic commerce, and other

information society services,



– Act (2004:299) of deposit operations,



-prisinformations Act (2004:347),



– Act (2005:59) on distance contracts and off-

business premises,



– the insurance contracts Act (2005:104),



– Act (2005:405) on insurance mediation,



– the Act (2006:484) on franchisegivares

information obligation,



– Act (2010:510) on air transport,



– radio and Television Act (2010:696)



– the law on alcohol (2010:1622),



-the consumer credit Act (2010:1846)



– Act (2011:914) on the protection of consumers in respect of contracts for timeshare

accommodation or long-term holiday product;



– Act (2013:1054) on the marketing of

infant formulae and follow-on formulae,



– Act (2014:1344) with additional provisions applicable to EU

the train, ship and bus passenger regulations, and



– Act (2015:671) on alternative dispute resolution in

consumer relations.

Law (2015:672).



1 section/entry into force: 04/01/2016

This law seeks to promote consumer and

business interests in connection with the marketing and promotion of

products & countering marketing that is unfair

for consumers and professionals.



Rules on marketing, see among others. in



– Act (1992:1672) on package travel,



– the tobacco Act (1993:581),



– Maritime Act (1994:1009)



– Act (1995:1571) on deposit guarantee,



– Act (1996:1006) concerning the obligation to respect certain

financial activities,



– Act (1996:1118) on the marketing of crystal glass,



– Act (1999:158) on investor protection,



– Act (1999:268) if payment transfers within the European

economic area,



– Act (2002:562) on electronic commerce, and other

information society services,



– Act (2004:299) of deposit operations,



-prisinformations Act (2004:347),



– Act (2005:59) on distance contracts and off-

business premises,



– the insurance contracts Act (2005:104),



– Act (2005:405) on insurance mediation,



– the Act (2006:484) on franchisegivares

information obligation,



– Act (2010:510) on air transport,



– radio and Television Act (2010:696)



– the law on alcohol (2010:1622),



-the consumer credit Act (2010:1846)



– Act (2011:914) on the protection of consumers in respect of contracts for timeshare

accommodation or long-term holiday product;



– Act (2013:1054) on the marketing of

infant formulae and follow-on formulae,



– Act (2014:1344) with additional provisions applicable to EU

the train, ship and bus passenger regulations,



– Act (2015:671) on alternative dispute resolution in

consumer relations, and



– Act (2015:953) if kollektivtrafikresenärers

rights. Law (2015:955).



The scope of the law



section 2 of the Act



(1) where the trader or the market demand

products in their business activities,



2. on such television broadcasts via satellite as covered by

the radio and Television Act (2010:696)



3. when the Consumer Ombudsman to fulfil his obligation to

According to European Parliament and Council Regulation (EC) no

2006/2004 of 27 October 2004 on cooperation between

national authorities responsible for

consumer protection legislation, and



4. when the competent authority fulfil their obligations under

European Parliament and Council Directive 2006/123/EC of the

12 december 2006 on services in the internal market.



Provisions on guarantees of section 22 shall not apply in the case

If a service provided by an operator who is

established in a State other than Sweden in the European

economic area (EEA). The same is true of paragraph 4

the third paragraph and article 7 where a trader, that is

established in a State other than Sweden in the European economic area, align

marketing against another trader.

Regulation (2011:1216).



Definitions



section 3, for the purposes of this law



business decision: a decision taken by a consumer or a

traders on whether, how and under what conditions

a product must be purchased, if all or part of the purchase price shall

be paid, if the product is to be retained or transferred, or if a

contractual right in relation to the product will be used,

whether the consumer or the trader decides to trade

or to refrain from acting;



electronic mail: a self-addressed or otherwise

individualised electronic communication in the form of text, voice,

sound or image being sent over a public communications network and

that can be stored in the network or in the recipient's terminal equipment

until the recipient retrieves it,



good marketing: good business practice or other recognized

standards aimed at protecting consumers and traders

in respect of the marketing of products,



consumer: a natural person who is acting primarily for

purposes which are outside business activities,



Marketing: advertising and other measures in the course of trade

designed to promote the provision of, and access to

products including a trader's actions, omissions

or any other act or conduct otherwise before, during

or after the sale or delivery of products to

consumers or traders,



trader: a natural or legal person who is acting for

purposes relating to the own business activity,



products: goods, services, real estate, jobs and

other utilities.



Unfair marketing



Directive annex



paragraph 4 of annex I to the directive of the European Parliament and

2005/29/EC of 11 May 2005 concerning unfair business-

business-to-consumer commercial practices in the internal

market and amending Council Directive 84/450/EEC and

European Parliament and Council Directive 97/7/EC,



98/27/EC and 2002/65/EC of the European Parliament and of the Council

Regulation (EC) No 2006/2004 will apply that law in Sweden.

The Government announces the current Annex in Swedish

statute book.



In making a determination under any of the provisions of annex I to

directive, this law shall apply.



The provisions of paragraphs 1 to 31 of annex I to the directive,

apply even if the marketing is directed to traders.



The provision of point 14 of annex I to the directive,

apply to actions in breach of this paragraph unless

the action covered by the Lottery Act (1994:100).



Good marketing



paragraph 5 of the Promotion shall be consistent with good

marketing practices.



6 § marketing that goes against good marketing

According to section 5 is deemed to be unfair if appreciably

affecting or likely to affect the receiver's ability to make

an informed business decision.



Aggressive marketing



section 7 a trader must not use aggressive

marketing.



The marketing is to be regarded as aggressive if it includes

harassment, coercion, physical force, threats or other aggressive

means of pressure.



Aggressive marketing is to be regarded as unfair if in

appreciably affects or is likely to affect the recipient's

ability to make an informed business decision.



Such aggressive marketing as specified in paragraphs 24-31 in

Annex I to Directive 2005/29/EC is always considered to be

unfair.



7 a § in assessing whether the marketing is aggressive, its art as well as the timing, duration and location of advertising especially taken into account. It should also be taken into account if the trader



1. use a threatening or abusive language or behaviour;



2. utilizing a special incident or circumstances, which the trader is aware of and which is of such importance that they impair the consumer's judgement, to influence the consumer's decision with regard to the product, 3. using onerous or disproportionate non-contractual barriers that do not abide by the agreement when a consumer wishes to exercise rights under the contract, including rights to terminate a contract or to switch to another product or another trader, or



4. claim to come to take action that cannot legally be implemented. Law (2016:22).



Misleading marketing



8 § marketing that is misleading according to any of

the provisions of 9, 10 or 12-17 sections are considered to be

unfair if it affects or is likely to affect

the receiver's ability to make an informed business decision.



Such misleading advertising laid down in paragraphs 1 to 23 of

Annex I to Directive 2005/29/EC is always considered to be

unfair.



Advertising identification



section 9 All marketing will be designed and presented so that it

clear that it is a question of marketing.



It should also clearly indicate who is responsible for

boost. However, this does not apply to requests that

sole purpose is to create attention in preparation for follow-up

Petitions.



Prohibition of misleading marketing




section 10 A trader may not use in marketing

by incorrect statements or other representations that are

misleading in respect of the trader's own or someone else's

trade or business.



The first paragraph is particularly the petitions concerning



1. the existence, character, quantity, quality, and other

distinctive features of the



2. the origin of the product, usage and risks such as impact on

health and the environment,



3. customer service, complaint management, as well as the method and date of

manufacture or provision,



4. the product's price, the basics of price calculation, special

price and payment terms,



5. the trader's own or other trader's

qualifications, market position, obligations, trademarks,

trade names, signs and other rights,



6. awards and honors that have been assigned to

the trader,



7. terms of delivery of the product,



8. the need for a service, part, replacement or repair;



9. the trader's commitment to comply with codes of conduct, and



10. the consumer's rights under the law

Constitution.



A trader must not omit material information

in the marketing of their own or someone else's

trade or business. With misleading omission for the purposes

such cases when the essential information should be given on an unclear,

unintelligible, ambiguous or otherwise inappropriate manner.



Limitations of the communication medium, etc.



section 11 in determining whether a representation is misleading

According to section 10, third paragraph, may be taken into account the use

communication medium constraints on time and space, as well as the

measures which the trader has undertaken to be on something else

way to leave information.



Purchase offers



section 12 of the advertising is misleading if the trader in a

the production offers consumers a certain product with a

price indication without the following essential information:



1. main characteristics of the product to the extent

suitable for the medium and the product;



2. price and the unit price specified in the manner shown in 7-10

section prisinformations Act (2004:347),



3. the identity and geographical address of the trader,



4. terms of payment, delivery, performance and handling

of complaints if these deviate from what is normal for

industry or product in question,



5. information on the right of withdrawal, or the right to cancel a purchase to be

be provided to the consumer in accordance with law.



Marketing is also misleading if the trader in a

the production offers consumers more specific products with

an indication of a common price without offer

contains material information pursuant to paragraphs 1 to 5 of the first

paragraph.



Misleading packaging sizes



section 13 a trader may not boost use

packaging which by their size or external design in

otherwise is misleading in terms of the quantity, size,

or form.



Misleading reproductions



section 14 a trader gets in the marketing does not use

reproductions that are misleading in that they can easily

confused with any other trader's famous and distinctive

products. However, this does not apply to reproductions whose

the design mainly serves to make the product

functional.



Bankruptcy sales



section 15, a trader at marketing use

the term "bankruptcy", alone or in conjunction with any other

expression, only about the products offered by the bankruptcy estate or for

its behalf.



Clearance sales



section 16 of a trader, in respect of the marketing of products

use the expressions "final sale", "liquidation sale" or

any other expressions with similar meaning only if



1. This is a final sale of the trader's entire

stock or a clearly defined part of it,



2. sales are for a limited time, and



3. the prices are significantly lower than normal trader

prices for equivalent products.



Discount sales



section 17 A trader may in respect of the marketing of products

use the term ' liquidation ' or any other statement with

corresponding meaning only if



1. the sale of products that are included in the trader's

standard product range,



2. sales are for a limited time, and



3. the prices are significantly lower than normal trader

prices for equivalent products.



Comparative advertising



18 § a trader may, in its advertising, directly or indirectly:

point to another trader or his products only if

the comparison



1. is not misleading,



2. refers to products that respond to the same needs or are intended

for the same purposes,



3. objectively refers to material, relevant,

verifiable and representative features of the products,



4. do not create confusion between the trader and another

traders or between their products, brands, companies

or other characteristics,



5. do not discredit or is defamatory of another

commercial activity, relationships, products, trademarks,

trade name or other distinguishing marks,



6. in the case of products with designation of origin of goods

with the same designation;



7. does not take unfair advantage of another trader's

reputation that is associated with the trader's trade mark, trade

or other characteristics, or the designation of origin, and



8. do not produce a product as an imitation or copy of

a product bearing a protected trade mark or trade name.



Unsolicited advertising



19 § A trader may at marketing to a physical

personal use of electronic mail, facsimile or

dialing machines, or other similar automated systems

for individual communication that is not served by any

individual only if the individual has consented to it at

advance.



The trader has obtained the details of the natural person

electronic contact details for electronic mail, in the context of

the sale of a product to the person, does not apply to the requirement for

If the consent referred to in the first subparagraph,



1. the natural person is not opposed to the indication of

electronic address is used for marketing purposes with

use of electronic mail,



2. the advertising relating to the trader's own, similar

products and



3. the individual in question clearly and distinctly are given the opportunity to

free and simple oppose that task is used in

marketing purposes when it is collected, and at each of the following

marketing message.



20 § in the marketing by electronic mail to the message

always include a valid address to which the recipient may

send a request to the marketing should cease. This

also applies to marketing to a legal person.



20 a of the marketing of information society services

by electronic mail, the recipient is invited to visit

sites whose marketing is contrary to section 9 or section 10

third paragraph. Law (2011:591).



section 21 of a trader may use other methods for individual

distance communication other than those referred to in article 19, if not

the individual in question clearly objected to that method.



Information on guarantees



section 22 of a trader, in the marketing offers itself

by means of a guarantee or a similar commitment for a certain

time to respond to a product or part thereof, or for a property

of the product, shall provide at the time of sale the buyer clear

information on utfästelsens content and the information that is

necessary for the buyer to be able to do it.

Information should also be provided to the buyer's rights under

law is not affected by the commitment.



The pledge and the information to be given in a document or in

any other legible and permanent form which is available for

the buyer.



Information before a consumer contract



22 a of the other agreements than distance contracts and off-

business premises as referred to in Chapter 1. section 2 of the Act (2005:59) about

distance and off-premises contracts shall

the trader provide the consumer before the conclusion of clear and

understandable information on



1. his name and telephone number as well as their street address and

email address,



2. main characteristics of the product to the extent

appropriate in view of the product and how the information

is given,



3. product price, including taxes and fees, or,

If the prize cannot be indicated in advance, how the price is calculated,



4. the costs for shipping or postage and other additional

costs,



5. conditions of payment and delivery or

performance in any other way and time of delivery

or performance,



6. the right of the consumer to make a complaint under the law and

how claims can be made,



7. warranties or similar obligations as well as the assistance

and service that comes after the sale,



8. the duration of the contract,



9. the conditions to terminate the contract, if it is valid until

further, or be automatically renewed, and



10. the function of digital content, including technical

protection measures, and which hardware and software is required

to use the digital content.



The obligation referred to in the first subparagraph shall not apply,

If the information is apparent from the context.

The obligation does not apply in respect of



1. everyday agreements are fulfilled immediately,



2. other agreements concerning immovable property, other than those referring to the rental

of immovable property, or



3. agreements referred to in Chapter 2. 1 section 1, 2, and 6-8

and the fourth paragraph and in Chapter 3. the law on distance contracts and

agreements outside business premises. Law (2014:16).



Prohibitions and obligations




Ban on certain marketing



section 23 of a trader whose marketing is unfair,

be banned to continue with this or with any other

similar action.



The prohibition referred to in the first subparagraph shall be communicated also



1. an employee of the trader,



2. any other person acting on behalf of the trader, and



3. any person who otherwise has significantly contributed to

boost.



Obligation to provide information



section 24, a trader at their marketing to

leave a stub may be required to submit such

information.



Such an obligation may also be notified



1. an employee of the trader, and



2. any other person acting on behalf of the trader.



An injunction under the first paragraph must contain an obligation

to provide this information



1. in the ads or other representations that the trader

use in marketing,



2. the marking on the product or in any other form of

sales site, or



3. in some form to consumers who request it.



Obligation to provide technical AIDS



25 § a service provider pursuant to lagen (2002:562) if

electronic commerce and other information society services

as in contravention of section 10 of the Act to provide

such technical means referred to therein may be required to

provide the means.



VITE



section 26 a prohibition under section 23 and an injunction under 24 or

section 25 shall be combined with a penalty, unless for special reasons are

unnecessary.



Interim decision



section 27 of the law must notify prohibition under section 23 or imposition

under section 24 or 25 will apply until further notice if



1. the plaintiff show probable cause for his claim, and



2. it could reasonably be expected that the defendant, by taking or

refrain from taking a particular action reduces the relevance of an

prohibition or imposition.



In the case of decisions referred to in the first subparagraph shall apply 15 Cape. paragraph 5 of the

second-fourth paragraphs 6 and 8 of the code of judicial procedure.

The decision shall be enforced immediately. Regulation (2011:1216).



Injunctive relief



section 28 in case that is not of major importance,

The Consumer Ombudsman notify the injunction



1. the prohibition referred to in article 23 of the (injunctions),



2. the obligation referred to in section 24 (information order), or



3. the obligation referred to in section 25.



The injunction shall be combined with a penalty.



To take effect, the trader shall approve the order

immediately or within a specified time. If the order has

approved applies it as a final judgment.



An approval is made after the time limit does not apply.



Market disturbance fee



Conditions for fee



section 29 a trader may be required to pay a special

fee (market interference charges) where the trader, or

a person acting on behalf of the trader, either intentionally or

negligently, have infringed



- 7 §,



-section 8 and any of the provisions of 9, 10, 12-17 sections,



-section 18,



-section 20, or



-any of the provisions of annex I to Directive 2005/29/EC.



The same applies if a trader either intentionally or by

negligence violates any of the provisions of



-14 section 2 or 3 or 14 (a) paragraph 2

or 3 the tobacco Act (1993:581),



-Chapter 7. paragraph 3 of the law on alcohol (2010:1622),



-Chapter 8. first subparagraph of paragraph 7, 8, 9 or 14 of the first or

the second paragraph as well as 15 Cape. section 4 of the radio and Television Act (2010:696)



-section 11 of the Act (1995:1571) on deposit guarantee or section 8 of the Act

(2004:299) of deposit operations with regard to a

offer that is not addressed only to persons other than consumers.



By way of derogation from the first and second subparagraphs shall also apply a

traders who intentionally or negligently essentially

has contributed to the infringement.



The fee to the State. Law (2010:1632).



30 of a market disturbance fee may not be imposed on anyone for a

violation of a prohibition or a failure to comply with a

injunction granted at a penalty under this Act.



The amount of the



Market interference-section 31 fee shall be set at a minimum of five

thousand kroons and not more than five million.



The fee shall not exceed ten per cent of the trader

annual turnover.



Annual turnover must relate to the turnover in the preceding

fiscal year. If the infringement has taken place in the trader's

first year of operation, or if the information on the annual turnover otherwise

missing or inadequate, the annual turnover is estimated.



Targeted actions against a number of traders to the fee established

especially for each of them.



32 § when the market disturbance fee is set, special

account should be taken of the gravity and to the duration of

It has been going on.



In call cases, any fee not be sentenced. The charge may

remitted if there are serious reasons for it.



Payment of the fee



33 § Market disturbance fee to be paid to, kammarkollegiet

within thirty days after the judgment became final

or the longer period specified in the judgement.



If the fee is not paid within the time limit referred to in the first

paragraph, kammarkollegiet leave the unpaid fee for

recovery. Provisions of the Recovery Act (1993:891)

for recovery of State assets, etc.



Statute of limitations



§ 34 a market disturbance fee may be tried out only if

a summons has been served on that claim is against

within five years of the date on which the infringement came to an end.



35 § market interference charge falls away if the judgment has not been

been able to be implemented within five years from the time it won Cook

force.



Attachment



36 §/expires U: 2016-09-01/

In order to ensure that claims of market disturbance fee

get the right decide whether sequestration. In such a case, case

the provisions of chapter 15. the code of judicial procedure concerning seizure

the claim.



the entry into force of § 36/in: 2016-09-01/

To ensure a claim on market interference charge, the Court may decide on the attachment. In such a case, the provisions of chapter 15.

the code of judicial procedure concerning seizure claim. Law (2016:223).



Damages



37 § anyone who intentionally or negligently violates a

prohibition or an injunction granted under 23,

section 24 or 25, or to section 7, or against section 8 and any of

the provisions of 9, 10, 12 and 17 sections, or against any of the

(a) the provisions of sections 18 to 22, or against any of the points in the

Annex I to Directive 2005/29/EC, shall compensate for the damage

thus arises for a consumer or any other

trader.



When the remuneration of traders is determined, account may be taken

also to the circumstances of other than economic in nature.

Law (2014:16).



38 § right to damages fall away if an action is not brought

within five years from the time the damage occurred.



Deleting



Deleting, etc. of misleading representations



section 39 in the event of a breach of an injunction under section 23, or by

section 8 and any of the provisions of 9, 10, 12-17 sections, or by 18

section, or of any of the paragraphs 1 to 23 of annex I to Directive

2005/29/EC, the right after what is reasonable to decide that a

misleading representation contained on any product, packaging,

printed material, business documents or similar should be erased or

be modified so that it no longer is misleading. For this purpose

not be achieved by other means, the Court may decide to

the property will be destroyed.



Security measures



40 section if the plaintiff shows probable cause for granting a

claim under section 39 and that could reasonably be expected that the defendant

take or not to take a certain action

reduces the significance of a decision about deleting, get right

decide on the appropriate action to apply until further notice. In the case of a

This measure applies to the 15 Cape. paragraph 3, second subparagraph, paragraph 5 of the second-fourth

paragraphs 6 and 8 of the code of judicial procedure. The decision may

executed immediately.



Produced a claim according to § 39 in proceedings concerning the imposition of

VITE submitted under this Act is in lieu

for the provisions of the first paragraph that the property may be taken into

the seizure. In such cases, apply the provisions of Chapter 27.

the code of judicial procedure on seizure in criminal cases. The decision may be executed

immediately.



41 § Decision to wipe out misleading representations under 39

§ and protective measure within the meaning of section 40 of the claimant will be notified

of the party by the Court where a lawsuit if the ban under section 23,

market disturbance fee according to section 29 or damages under

section 37 is in progress.



Decision to wipe out the petitions on grounds of infringement of the

an injunction under sections 23 and 26 may be notified at the request of

Party of the Court where a trial if the imposition of the penalty

is in progress.



Disclosure, etc.



42 § at the urging of the Consumer Ombudsman shall



1. each comment and provide the information required in

a case concerning the application of this law,



2. the trader provide the documents, product samples

and the like that may be relevant to the investigation of a case

where the decision on the prohibition or imposition under section 23, 24 or 25

can be adopted.



43 § It given a prohibition or obligation under

23, 24 or section 25 is obliged, upon request of

The Consumer Ombudsman provide the information,

documents, samples and similar needed supervision

over to the prohibition or the obligation is complied with.



44 § if required for regulatory oversight in a case referred to in paragraph 42

2 or § 43, the Consumer Ombudsman urge the trader

to keep the premises or similar premises where

economic activity is exercised, however, not housing, available


for inspection.



section 45 If an appeal under section 42, 43 or 44 is not complied with,

The Consumer Ombudsman shall submit to the persons concerned to fulfil their

obligation under penalty.



46 § Consumer Ombudsman shall pay compensation for such

product samples and the like provided in sections 42 and 43 if there is

special reasons for it.



The Government or the authority that the Government may

provide for an obligation for a trader to

replace the Consumer Ombudsman costs for sampling and

study of the test in the case referred to in section 43.



Where and by whom an action may be brought



/Rubriken entry into force: 2016-09-01/

Competent court



46 a of/comes into force in: 2016-09-01/

Patents and the market Court is the proper Court in matters of



1. the prohibition referred to in section 23,



2. the obligation referred to in section 24 or 25;



3. market interference charge under section 29,



4. attachment under section 36,



5. damages according to § 37,



6. imposing penalties pursuant to section 49, and 7. inaccurate or misleading appellation of origin under section 66. Law (2016:223).



Prohibitions and obligations



47 §/expires U: 2016-09-01/

Action for prohibition or direction under section 23, 24 or 25

the market Court is seised. If the same plaintiffs, or another

plaintiff in consultation with him, at the same time raises a claim for

market disturbance fee according to section 29 or damages under 37

§ due to marketing, however, shall an action for

prohibition or injunction shall be brought in the District Court of Stockholm.



Action for prohibition or injunction may be brought by the



1. The Consumer Ombudsman,



2. a trader involved in the marketing, or



3. an Association of consumers, traders or

wage-earners.



An interim order pursuant to section 27 be notified by the Court

where a trial in accordance with the first paragraph is in progress.



the entry into force of § 47/in: 2016-09-01/

An application for prohibition or direction under section 23, 24 or 25 may be brought by the



1. The Consumer Ombudsman, 2. a trader involved in the marketing, or



3. an Association of consumers, traders or employees. Law (2016:223).



Market disturbance fee



48 §/expires U: 2016-09-01/

Action on market interference charge under section 29 is brought by the

The Stockholm District Court by the Consumer Ombudsman.



If the Consumer Ombudsman in a given case decides not to

bring an action for market interference charge, an individual

Traders involved in marketing or a

Association of traders bring such an action.



Attachment order under section 36 is notified by the Court where a

trial on market interference charge is in progress. If the action has not yet

have been raised regarding the competent court as provided for

in the first paragraph.



the entry into force of § 48/in: 2016-09-01/

An action for market interference charge under section 29 brought by the Consumer Ombudsman.



If the Consumer Ombudsman in a given case decides not to bring an action for market interference charge, an individual entrepreneur involved in marketing or an Association of traders bring such an action.

Law (2016:223).



Imposition of a penalty payment



49 §/expires U: 2016-09-01/

Action for imposing a penalty before with the support of

This law brought before a court competent under 10 Cape.

the code of judicial procedure. Such an action must always be brought before

The Stockholm District Court.



The action may be brought by the person who requested the decision imposing the periodic penalty payment and

by the Consumer Ombudsman.



the entry into force of § 49/in: 2016-09-01/

An action for imposing liquidated damages may be brought by the person who requested the decision imposing the periodic penalty payment and the Consumer Ombudsman.

Law (2016:223).



/Rubriken expires U: 2016-09-01/

Damages



50 §/expire U:2016-09-01 by law (2016:223)./

An action for damages brought pursuant to § 37, Stockholm

District Court. Such an action may also be brought before a District Court

competent under 10 Cape. the code of judicial procedure.



/Rubriken expires U: 2016-09-01/

Appeal



/Rubriken entry into force: 2016-09-01/

Appeal of certain decisions



§ 51/expires U: 2016-09-01/

Consumer Ombudsman under § 42-44 and if

application of penalty payment mechanism for such a request be appealed to

The Stockholm District Court. The same applies to decisions on compensation

According to section 46 or pursuant to regulations adopted on the basis of

the said clause.



the entry into force of § 51/in: 2016-09-01/

Consumer Ombudsman under § 42-44 and on the imposition of fines after such a request be made to the Patent and the market Court. The same applies to decisions on compensation under section 46 or in accordance with regulations made under that paragraph. Law (2016:223).



52 §/expires U: 2016-09-01/

District Court judgments and orders in cases under this

law, be appealed to the national court. Judgments and orders in case of

imposing penalty payments submitted under this Act

appealable in court as required by law

(1985:206) on the white.



Decisions during the trial in matters referred to in section 27 and 40 of the

the first paragraph may be appealed in particular. Decisions are at the

the proceedings in the national court considered moving action under 15

Cape. the code of judicial procedure.



the entry into force of § 52/in: 2016-09-01/

Decisions during the trial in matters referred to in section 27 and section 40 of the first paragraph may be appealed in particular. Decisions are at the handling of Patent and market superior court be regarded as relating to a measure referred to in chapter 15. the code of judicial procedure. Law (2016:223).



Res judicata



§ 53 a judgment in which the question of the prohibition under section 23 or

the imposition under section 24 or 25 have been tried, prevents a new

proceedings under section 23, 24 or 25 are instituted on the occasion of the

boost. Such a judgment does not, however, prevent the same

issue be re-examined when the change in circumstances causing it.



/Rubriken expires U: 2016-09-01/

Composition of the Court, etc.



§ 54/expire U:2016-09-01 by law (2016:223)./

At the main hearing in case under this law, Stockholm

District Court consist of four members, two of whom shall be

judge-in-training and two financial experts. One of the scholars

the judges shall be the presiding judge.



If it is then the main hearing has started occurring decay

for one of the members is right yet attained.



Subject to section 55, the District Court shall consist of a

legally qualified judge



1. at the main hearing in the cases referred to in Chapter 1. 3 a of the other

and the third paragraphs of the code of judicial procedure,



2. for the decision of the case without hearing, and



3. when dealing with cases which are not at the main hearing.



In the case referred to in the third subparagraph, a financial expert

participate in a District Court.



55 §/expire U:2016-09-01 by law (2016:223)./

By the decision of the case without hearing and at

examination of issues relating to the trial, Stockholm

District Court have the composition specified in paragraph 54

subparagraph, if there are special reasons for the

the target's or query's nature.



section 56/expire U:2016-09-01 by law (2016:223)./

In case that only damages according to § 37, Stockholm

District Court have the composition arising from Chapter 1. 3 (a), 3 (c)

and (d) of the code of judicial procedure.



57 §/expire U:2016-09-01 by law (2016:223)./

When handling cases referred to in § 51 shall

The Stockholm District Court consist of a legally qualified judge or by a

legally qualified judges and an economic expert. If there are particular

reasons given the nature of the District Court may, however,

have the composition specified in paragraph 54.



58 §/expire U:2016-09-01 by law (2016:223)./

The Government or the authority, as the Government determines

orders for some time those who will serve as economic

experts under section 54.



If while an economic expert involved in the processing of a

case or case, a circumstance that causes

the appointment cease to apply, the mandate still valid in

the pending case or matter.



The who will serve as an economic expert to be Swedish

citizens and must not be a minor or in the

bankruptcy condition or have managers under Chapter 11. 7 §

parental code. Team (2013:112).



Procedural provisions



/Rubriken expires U: 2016-09-01/

The proceedings before the District Court of Stockholm and the Swedish market Court



/Rubriken entry into force: 2016-09-01/

The proceedings in the Court



59 §/expires U: 2016-09-01/

Subject to the provisions of this law shall

in the code of judicial procedure of civil cases where conciliation if the matter is not

permissible applied to matters of prohibition or injunction pursuant to 23,

24 or section 25 and matters of market disturbance fee under section 29.



In case of damages under section 37 applies to what is prescribed in

the code of judicial procedure of civil cases where conciliation if the thing is

permitted.



In the cases referred to in section 51 applies Act (1996:242) if

Court cases, subject to the provisions of this law.



the entry into force of § 59/in: 2016-09-01/

The provisions of the code of judicial procedure of civil cases where conciliation if the matter is not allowed to be applied to the destination if the prohibition or imposition under section 23, 24 or 25 or matters of market disturbance fee under section 29.



In case of damages under section 37 shall apply the provisions of the code of judicial procedure of civil cases where conciliation on the matter is permitted. Law (2016:223).



60 §/expire U:2016-09-01 by law (2016:223)./

When the market Court hears matters after

appeal under section 52, the Court of appeal in 49, 50


and chapter 52. the code of judicial procedure and in paragraph 39 the law

(1996:242) if court cases instead apply

The market Court. Leave to appeal is not required to

The market Court will consider the District Court's ruling.



61 §/expires U: 2016-09-01/

If an action has been brought under this Act by any person other than

The Consumer Ombudsman shall inform the Ombudsman about

the trial.



When a case of market disturbance fee or damages brought

the District Court shall inform the market about the trial.



the entry into force of § 61/in: 2016-09-01/

If an action has been brought under this Act by any person other than the Consumer Ombudsman shall inform the Ombudsman about the trial. Law (2016:223).



/Rubriken expires U: 2016-09-01/

Cumulation



62 section/expire U:2016-09-01 by law (2016:223)./

Case for damages in accordance with § 37, in the District Court only

unite with other objectives under this Act.



Intervention



63 section in case of prohibition or direction under section 23, 24 or 25

has anyone who has standing under paragraph 47 right to

take part in the trial as an intervener pursuant to chapter 14.

the code of judicial procedure.



Legal costs



64 § in cases under this Act applies in respect of

the costs of the proceedings chapter 18. the code of judicial procedure. Provision of 18

Cape. section 16 of the code of judicial procedure shall not, however, apply in the case of

prohibition or direction under section 23, 24 or 25. In such case

get the right decide that each Party shall be responsible for

their own costs.



Non-appearance



section 65 Of the Consumer Ombudsman as party matters

under this Act applies, in the case of an injunction for the party and

party's absence, what is in the code of judicial procedure is prescribed for

prosecutors.



Other provisions



§ 66/expires U: 2016-09-01/

The Government may for any foreign State decide to

the following shall apply.



In the case of a product that is equipped with a false or

misleading appellation of origin, through which the product directly

or indirectly indicated be a generated or obtained in the

foreign State or in a region or locality in the foreign

State, the action referred to in section 39 is decided even in cases other than

referred to therein. However, this does not apply if the designation according to

trade practices only serve to mark out the nature of the goods or

It is accompanied by a statement that clearly indicates that the goods have not been

have been brought forward do or produced in the specified State or on the

specified destination.



Action for action referred to in the second subparagraph are brought at Stockholm

District Court by the Consumer Ombudsman or, if he has decided

not to bring an action, by someone who drives the movement of goods by

the same nature as the goods in question.



the entry into force of § 66/in: 2016-09-01/

The Government may, in relation to a foreign State determine that the following shall apply.



In the case of a product that is equipped with a false or misleading appellation of origin, through which the product directly or indirectly stated to be a generated or obtained in the foreign State or in a region or locality in the foreign State, the action referred to in section 39 is decided in other cases than those referred to therein. However, this does not apply if the designation in accordance with commercial usage only serves to mark the nature or if it is accompanied by a statement that clearly indicates that the goods have been brought forward do not have or produced in the specified State or at the specified location.



An action for an action under the second subparagraph are brought by the Consumer Ombudsman or, if he has decided not to institute proceedings, of someone who operates movement with goods of the same nature as the goods in question. Law (2016:223).



Transitional provisions



2008:486



1. this law shall enter into force on 1 July 2008, when

the Marketing Act (1995:450) is repealed and the

Act (2005:706) amending the Marketing Act (1995:450)

shall be deleted.



2. the provisions of 4-22 and 29-36 sections also apply to

marketing that has been taken prior to the entry into force, unless the

the action was allowed under the old rules.



3. Prohibitions and injunctions and injunctive and

information injunctions given according to older

rules should still apply.



4. the provisions on damages in section 29 of the Marketing Act

(1995:450) still applies in the case of infringements

occurred prior to the entry into force of the new Act.



5. the provisions of section 49 shall apply also in the case of the award

of penalty imposed with the support of the Marketing Act

(1995:450).



2016:223



1. this law shall enter into force on 1 september 2016.



2. Proceedings instituted in the District Court or Court of appeal prior to the entry into force shall be submitted to the Patent and the market Court and Patent and market superior court.



3. If the main hearing has commenced before the entry into force, the proceedings in the District Court or the Court of appeal, however, completed under older rules.