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.
