Introductory provisions
Class action lawsuit
section 1 Of class action referred to in this law an action as a plaintiff
for which representatives of several people with legal effects for
them, even though they are not parties to the proceedings. Class action may be brought
as a private class action lawsuit, organisationstalan or public
the class action lawsuit.
With the group referred to the people for which the plaintiff in the action.
Group trial
section 2 of A trial in which the class action lawsuit is brought is called Group trial. A
Group trial may relate to claims that can be taken up by the General
Court under the rules of the code of judicial procedure of civil cases.
For group trial rules apply to civil cases in
the code of judicial procedure, with the exception of Chapter 1. paragraph 3 (d), unless otherwise
provisions of this law.
A group trial may also be conducted in accordance with special provisions
in the environmental code.
How class actions are brought, etc.
Competent courts
section 3 of The district courts as the Government determines to be competent
to deal with the case in accordance with this Act. There shall be at least one
the competent District Court in each County.
Locus standi
section 4 of the Single class action suit may be brought by a natural or legal
person who has a claim falling within the scope of the action.
5 § Organisationstalan may be brought by a non-profit association in
According to its statutes, promotes consumer-or
employee interests in disputes between consumers and a
trader of any product, service or other utilities
Trader offers to consumers.
In the first subparagraph, '
consumers: natural persons who acted primarily for
purposes which are outside business activities,
trader: a natural or legal person who, acting for
purposes relating to their own economic activities.
A organisationstalan referred to in the first subparagraph may include
even a controversy of a different kind, if it brings significant advantages
with regard to the investigation and other circumstances that
the disputes are dealt with jointly.
section 6 of the Public Group action may be instituted by an authority with
account of what the dispute is suited to represent
members of the group. The Government determines which authorities
may institute public class action.
section 7 right to represent group does not cease if it occurs
a change in the conditions on which the right to bring an action
According to the 4-6 sections have been established.
Specific process conditions
section 8 A class action shall be admissible if
1. an action based on circumstances that are common or
similar to group members ' claims;
2. a group of trial does not appear inappropriate due to
some group members ' claims to their bases is different
significantly from other claims,
3. most of the claims that the action is not as well can
be enforced by an action of the group members themselves,
4. the group with regard to size, demarcation and is otherwise
appropriate specific and
5. the plaintiff with respect to their interest in the matter, their
financial means to pursue a class action and
conditions are suited to represent the group members
in the case.
Application content
§ 9 An application shall, in addition to what is stated in chapter 42.
section 2 of the code of judicial procedure, specify:
1. the group in question,
2. the circumstances that are common or similar for
the team members ' claims;
3. the plaintiff known circumstances that are relevant for
examination of only some of the group members ' claims and
4. other circumstances that are relevant to the issue of
the claims should be dealt with in a group trial.
The claimant shall indicate in the application the name and address of all
members of the group. Such information may be omitted if they are not
needed to proceedings. The applicant shall also provide
information about other circumstances of importance for the
notice to class members.
Replacement of the Bundesvergabeamt points out
10 § whoever represents plaintiffs in a trial, the District Court
in writing requesting that the case should be converted to a
Group trial. Then, the provisions of section 9 and 42 Cape.
2-4 of the code of judicial procedure to be applied. An application may be granted
only if the defendant admits this or if it is clear that
the benefits of a group trial outweigh the disadvantages
such are likely to have for the defendant.
The application shall be served on the defendant. Is the application
unfounded, the Court may immediately reject it.
If the District Court where the case is in progress no jurisdiction
class action, the application shall be submitted to a competent court. Is
the application clearly unfounded, the Court may immediately dismiss
application rather than submit it.
Agents
section 11 of the Single class action and organisationstalan shall betaken
through a representative who is a lawyer. If there are special reasons,
the right to admit actions brought without agents or by proxy as
is not a lawyer.
section 12 of a power of Attorney relating to trial in General does not give
the delegate permission to bring a class action or to receive
subpoena in a group trial.
Notice to members that a group trial
launched
13 § Rejected not the plaintiff's request to open a
Group trial, should team members be informed of
the trial.
The notification shall after what the Court considers appropriate
contain
1. a summary of the application,
2. information concerning the
a) group trial that procedure,
b) members ' opportunities to participate in the trial,
c) legal effect of a judgment in a group trial, and
d) what applies in respect of costs,
3. details of the claimant's and agent's name and address,
4. notice of the time law determines for notification under
section 14, as well as
5. information regarding other matters appropriate to the
the team members ' rights.
The Group's determination
section 14 a group member that is not in writing within the time
law determines has notified the Court that he or she
would be covered by the class action shall be deemed to have come out of the group.
The team member's position
section 15 of a group member shall be treated as a party to the application
of the rules on conflict of interest, ongoing
trial, Association of destination, hearing during the trial and other
issues related to the evidence.
Conflict of interest
section 16 A team member who is not a party, even if he or she
not entered in the trial as an intervener, produce a
objection of conflict of interest against a judge within two weeks from the date
When he learned that the judge has agreed to be part of target's
handling. If the conflict was not a founding fact
known for members, the opposition be filed within two
weeks from the date the Member received such attention.
The further processing
The plaintiff's obligations
section 17 At which the execution plaintiff take to be
Group members ' interests.
On important issues, the plaintiff give team members the opportunity
to be heard, if it can be done without much inconvenience. If a
team member requests it, the claimant shall submit such information
relevant to the Member's right.
Extension of the action
section 18 of the Law may permit the plaintiff to extend a class action to
other claims of class members or new
Group members, if this can be done without causing a
significant delay of the decision in the case and without significant
inconvenience to the respondent. An application for the extension of
the action shall be in writing and contain such information as
specified in section 9.
Abandonment of subject-matter
§ 19 Of the plaintiff or a team member leaves the issue
related to someone else, what is said in chapter 13. 7 §
the code of judicial procedure shall apply if the purchaser's right and obligation to
Enter as a member of the group.
Subgroups
section 20 of law may appoint someone to the plaintiff or
instead of the plaintiff bringing an action on a specific matter or part
of things that apply only to certain group members, if it
promote proper handling. Such appointment
may be a class member or, if this is not possible, any
other.
Parties and interested group members shall be given the opportunity to
before the Court makes a decision, if this is not
clearly unnecessary. In the decision the Court shall specify the portion of the
the Group and the issue or part of the thing that the appointment
refers to.
The provisions of this Act if the applicant applies, mutatis
also shares the veterinarian designated to bring an action under the first
paragraph.
Replacement of the plaintiff
section 21 Of the plaintiff is no longer deemed to be suitable to represent
team members in the proceedings, the Court shall appoint someone else who has
locus standi under 4-6 sections to which plaintiff bringing action group.
If any new claimant cannot be appointed pursuant to the first subparagraph,
class action dismissed. If the plaintiff is the appellant's counterpart in higher
right, the right to appoint someone else as deemed
position to which the plaintiff bringing the Group's action.
section 22 in cases other than those referred to in section 21, any other take over
the plaintiff's action only if the plaintiff transferred his part of it
the dispute concerns, or there are other special reasons.
Termination of group trial or part of the
23 § Withdraws the plaintiff class action lawsuit within the time of notification
According to section 14, the proceedings be dismissed in its entirety. If the plaintiff
in the meantime, recalling the goal in part attributable to a
specific group member claims, the claim must be cancelled.
If, after the registration deadline arises a question of
write off target in its entirety or to reject class action shall
the right to leave the parties and group members an opportunity to comment
itself, unless it is clearly unnecessary.
Second subparagraph shall also apply if the issue arises that
cancelling the proceedings or dismiss the action as inadmissible in part pertaining to the
one group member claims.
section 24 of the Law may set a time limit within which a team member
in writing to the Court can report that he or she, if
Group lawsuit regarding his or her claim
is interrupted, to intervene and bring an action regarding their
right.
Made a notification of entry pursuant to the first paragraph, the Court shall
separate the claims notification concerns and decide on the
continued processing. The right, under the conditions
as indicated in Chapter 1. 3 d § code of judicial procedure, decide to target
shall be dealt with pursuant to the said section.
The right can move over a separate case to another jurisdiction
Court if this is best with regard to the investigation and
circumstances of the case.
section 25 where an appeal is withdrawn or be rejected by
reason other than that it has arrived too late to be applied
the provisions of the second and third paragraphs of section 23 and section 24 of the first
and second subparagraphs.
If an appeal has expired because the plaintiff
absent from a meeting of the main hearing, the
proceedings resumed under 50. section 22 of the code of judicial procedure on
the application of a group member, even if the plaintiff lacked Cook decay
for his non-appearance. The team member's application may be limited to a
specific actions.
Conciliation
paragraph 26 of a settlement the claimant included for a group
case, if the Court confirms the judgment. Conciliation procedure shall
at the request of the parties, be confirmed, unless it is
discriminatory against certain members of the group or otherwise
manifestly unreasonable.
The suspension of the examination of a particular question
section 27 If it is appropriate for the purposes of the investigation and can be
without significant inconvenience to the respondent, may make a
judgment for some team members means a final decision
of the matter and that of other members of the group means that
the examination of a particular case.
Law shall submit to each group member for which the target is not
Finally decided that within a certain period of time to request that the
the remaining issue is being examined. In the case of group members who leave the
in such a request, the Court may decide, in accordance with section 24, second and
third subparagraphs of separation and about the continued
the handling. If a team member does not submit a request for
the remaining issue, the Member's action
be dismissed unless the defendant acknowledges the claim or it is
clear that the action is well founded.
The content
paragraph 28 of the judgment the Court shall specify the group members that the judgment
refers to. This also applies to a decision, if necessary with regard
to the query.
Res judicata
section 29 of the Court in a group lawsuit has legal force in
relation to all team members who are covered by the
the decision.
Specific rules on court costs, etc.
The right to compensation and liability for costs
section 30 of the under 21 section appointed to that
plaintiffs to bring a group action is entitled to reimbursement of
public funds equivalent to the cost of the
the preparation and action performance and fees to agents or
Counsel, if the cost reasonably been required to take into
be group members ' rights. Consideration shall also be given for
the plaintiff's own work and loss of time due to
the trial. As the preparatory action is considered
negotiation for the settlement of a contentious issue that has instant
relevance to the substantive action.
The Court may decide on advances on compensation with the appropriate
amount if it is reasonable in view of the magnitude of the
costs or the work of the Mission has brought about, the time
that trial is expected to last may, as well as other conditions.
section 31 of the under 21 section appointed to that
plaintiffs to bring a group action is not required to pay
compensation for costs incurred by the opposing party otherwise than
referred to in chapter 18. section 6 of the code of judicial procedure. Instead, the
the former claimant in such as the party responsible for these
legal costs. He or she shall also reimburse the State
for what is paid out of public funds under section 30, in the
extent not the appellant or anyone else is required to
to pay such compensation.
Has anyone in connection with the appeal or subsequently adopted
the plaintiff's action otherwise than as referred to in the first subparagraph
He or she will respond as the party only for costs
that were raised in the higher law. For costs in
lower the right answer rather than the former plaintiff in the
goal.
section 32 the provisions of the code of judicial procedure concerning responsibilities for
the costs of the proceedings shall also apply in respect of such
reimbursement of public funds paid to a claimant with
under section 30. Compensation for such costs shall be paid
to the State. The right to examine the issue of compensation without
claim.
Cost responsibility for a team member
33 § team member who is not a party to the proceedings is responsible for
the costs of the case only in the cases referred to in 34
and 35 sections.
section 34, the defendant has been ordered to pay the applicant's
costs to the Government or to pay such
costs referred to in section 32 and the defendant can not pay, they are
interested team members are obliged to pay these costs.
The same applies for additional costs at risk contracts defendant pursuant to
section 41 is not ordered to pay. Each group member is responsible for their
proportion of the cost and is not required to pay more than that
have come to benefit him or her through the trial.
35 § team member who is not a party to the proceedings shall
replace the costs which the Member has caused by any
measure referred to in chapter 18. section 3(1) the code of judicial procedure
or by such negligence or omission referred to in paragraph 6 of
the same chapter.
section 36 If a member has joined as a partner in the trial group in
the context of an appeal, or thereafter, Member
that party only for expenses incurred in the higher
the right.
Separate actions
section 37 If a claim has been separated according to section 24, the plaintiff
and group member is jointly and severally liable for the costs incurred by the
were raised prior to the separation. For costs that are
raised then team member will respond alone.
Has the plaintiff or group member caused the costs
through carelessness or negligence, he or she alone
responding to this charge.
Risk agreements
section 38 Has the plaintiff entered into a contract with an agent to the salary
to the Registrar shall be determined taking account of the
extent to which the team members ' claims are met (risk)
get the agreement be invoked only against the members of the group if it has
approved by the Court.
39 section A risk agreements may be authorised only if the agreement is reasonable
with regard to the nature of the product. The agreement shall be
drawn up in written form. The agreement shall be shown on the
way the fee is intended to deviate from a normal fee if
the team members ' claim is upheld or dismissed altogether. The agreement
shall not be authorised if the fee is based solely on
the value of the claim.
section 40 of the issue of acceptance of a risk contract must be examined in a
ongoing group trial by the Court at the request of the plaintiff.
Have a legal matter that risk agreement does not cover
initiated in the courts, which would bring the class action request
to examine the question of approval of a competent court
to examine the dispute. It is not possible to determine which court
jurisdiction, be examined the question of approval of the Stockholm
District Court.
An authorisation as referred to in the first subparagraph ceases to apply if a
Group trial has not commenced within six months from the
the approval. If there are reasons for it, the Court may extend the
the time.
41 § when assessing what is compensable
own costs according to chapter 18. section 8 of the code of judicial procedure shall
no account is taken of such additional costs have been incurred on
because of a risk contract.
Appeal
42 § When considering a given issue has been suspended pursuant to
27 § rättten shall determine if the judgment in the part where the decision
an appeal may be brought, in particular, is not final. Such a part of the judgment
may, however, always be appealed in particular, the judgment in so far as it is
final appealable order, or against a group.
If a judgment is appealed specifically referred to in the first subparagraph, the law
determine that the goal in General will rest until the judgment has
become final.
43 § of the District Court decision on withdrawal of
the action may not be appealed, if withdrawal has taken place within the
the time for notification under section 14. A decision in the case of
costs given in connection with the write-off
may, however, be appealed.
44 § A District Court decision to appoint a new plaintiffs may be appealed
of the former plaintiffs and by a team member who has
proposed a different plaintiff. A District Court's decision to reject a
request for replacement of the plaintiff may be appealed by a group member who
has proposed such a switch. In the matter of the appeal
apply the provisions of Chapter 49. section 4 and section 11, first subparagraph
the code of judicial procedure.
45 § A District Court decision during the trial shall, except as
provisions of the code of judicial procedure and section 44, appealed in particular, if
the District Court in the decision have
1. rejected the plaintiff's request to keep a single class action
or organisationstalan without agents or by proxy that does not
is a lawyer,
2. tried a query according to section 19 of about admission as a member of the group,
or
3. tried a question on acceptance of a risk contract under section 39.
Anyone who wants to appeal a decision referred to in the first subparagraph
shall first notify the discontent. Notification shall be made immediately, if
the decision was announced at a meeting, and otherwise within a
week from the date on which the appellant received the decision. The who
neglected no longer has the right to appeal the decision.
Report any dissatisfaction get right the proceedings to
its appeal has been tested, if there are special reasons.
46 section 45 the provisions of §§ 44 and also applies when a
appeal of a court decision is not final in
questions referred to in those paragraphs and that has occurred in
the Court of appeal, or that have been appealed there.
47 § A class member may appeal a judgment or a final
decision for a group and a decision on the approval of
a risk contract under section 39.
A group member is further authorized to appeal, for its own account
a judgment or a decision concerning his or her right.
48 § dissatisfaction notification of a team member who is not a party to
the trial may be made within one week from the date of the decision, if
the decision was announced at a meeting to which
Member has not been called and also not yet set
the same applies if the decision itself. not have been announced at a
meeting and not be served on the Member.
Notice to class members
section 49 the right shall, in addition to what follows from other
provisions, under correct an interested group member if a judgment or
a final decision, and if a settlement is sought ratified
According to section 26.
If necessary, taking into account the importance of the task can be adopted
have for Member's right, the Court shall further notify a
the relevant group member if
1. that the plaintiff has been replaced by a new plaintiff,
2. that the plaintiff has hired a new agent,
3. that the plaintiff had also forgiven the actions,
4. the question arose whether to approve a risk contract,
5. a judgment or a decision under appeal, and
6. other decisions, actions, and other circumstances.
50 § notifications under this law to the group members shall
be made in the manner the Court considers appropriate, having regard to
the provisions of chapter 33. 2(1) of the code of judicial procedure.
The Court may submit to the parties to provide for a notification, about
This has significant benefits for processing. The party has in the
such a case the right to compensation of public funds
costs.
It is said in the second paragraph also applies when a notification
is made through the service.
