Law (1970:417) On Market Court, Etc.

Original Language Title: Lag (1970:417) om marknadsdomstol m.m.

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Introductory provisions



section 1 of the Market Court hears cases pursuant to



1. the Competition Act (2008:579)



2. the Marketing Act (2008:486)



3. Act (1994:1512) on contractual terms in

consumer relations,



4. Act (1984:292) If contract terms between traders,



5. Act (2000:1175) concerning the locus standi of certain foreign

consumer authorities, consumer organisations,



6. the insurance contracts Act (2005:104),



7. Act (2005:590) on the transparency of financial relations

accommodation,



8. the Act (2006:484) on franchisegivares

information obligation,



9. Act (2010:510) on air transport,



10. Act (2014:836) on disqualification,



11. Act (2010:1350) if the obligation in question if the

market and competitive conditions, and



12. Act (2014:1344) with complementary provisions to the

The EU train, ship and bus passenger regulations.



The provisions of sections 14 to 22 shall not apply in the case or cases

under competition law, marketing,

insurance contract law, the law on transparency of certain financial

connections, etc., the law of franchisegivares

information obligation, 13 or 15 of the Act on

carriage by Air Act, the disqualification, the law of

obligation in question on the market and

section 4 of the competition act or with complementary

regulations to the EU train, ship and

bus passenger regulations. In the case referred to in

Marketing Act, the insurance contracts Act or the Act on

franchisegivares obligation applicable not

section 13 either. Instead of the rules in these

laws. Law (2015:344).



paragraph 2 of the judgment of the Court of Justice Against decisions of the Market or in cases

under this Act, an action not be taken. The same applies to

the Court's decision in General under this Act. Act (1998:649).



The market Court's composition, etc.



section 3 of the market Court consists of a President, a vice-

Chairman and five special members. Law (1993:22).



section 4 of the President, the Vice-President and one of the Special

Members must be lawyers and have experience as a judge. The

other special members should be financial experts.



For the Deputy Chairperson and each of the special members

There are one or more deputies. The provisions on vice President

and the particular Member applies also to replacement. Law (1993:22).



section 5 was repealed by Act (1993:22).



section 6 of the Act (2010:1390) appointing judges is

provisions relating to the appointment of the Chairman of the market Court.

Vice President, other Board members and alternates appointed by the

the Government for some time. Law (2010:1396).



section 7 of the Member and substitute member of the Court shall be Swedish

citizens and must not be a minor or have managers under 11

Cape. 7 § parental code. Before a member or Deputy member begins to serve

in court, he shall be completed domared. Lag (1988:1288).



§ 8 the provisions in Chapter 4. the code of judicial procedure on disqualification against Judge owns

the corresponding application on a member of the market Court. Act (1972:732).



§ 9 the market Court is a quorum, when the President and three

other members are present.



The President may, on behalf of the Court alone



1. take preparatory measures,



2. inform the decision about depreciation,



3. decide on rectification of a judgment, or a decision under the

conditions provided for in chapter 17. paragraph 15, first subparagraph

the code of judicial procedure,



4. to reject a request for the Court to rule on a question of

interim prohibition or imposition, but the other party has been given

opportunity to be heard, and



5. notify the certiorari in the circumstances

specified in Chapter 2. the third subparagraph of paragraph 4 of the code of judicial procedure.



The President may appoint a Secretary of the Court alone on

on behalf of the Court of Justice take preparatory measures. Law (2008:589).



section 10 if dissenting opinions in a discussion

apply the provisions of Chapter 16 of the. the code of judicial procedure concerning the vote in

civil litigation. However, the Court determines the order in which the members

must have their say. Law (1986:1158).



10 a of the Judgment shall be notified as soon as possible. The

shall be signed by the presiding judge. Copy of the judgment shall

be sent to the parties on the same day as the judgment. What

about dom also applies to the final decision. Law (1999:115).



The Consumer Ombudsman



section 11 For questions about marketing and questions about contract terms

in a consumer contract is a consumer ombudsman.

The Ombudsman is appointed by the Government for some time and must be

lawyer. Act (2004:452).



section 12 has expired by law (1982:731).



Procedure



paragraph 13 of the Application must be made in writing if the prohibition or imposition

According to section 1 of the Act (1994:1512) on contractual terms in

consumer relations or section 1 of the Act (1984:292) if

contractual terms between traders. The application shall state the reasons

indicate on which the application is based and the investigation

the applicant invokes. Law (2009:1271).



13 a of the question of the right of associations of traders

to participate in the case referred to in section 13 shall be subject to the following special rules.



If an Association of traders make is likely to end

of the target can have a significant interest in the members of

the Association, the market Court on the application of

Association allow this, aside from a single party,

involved in the procedure and invokes the evidence.



The application for participation shall be in writing and shall contain the

reasons as it is based on.



The Parties shall be given the opportunity to comment on the application. This

may not be granted, if the Party on the page that the application for

participation refers to the objects. Law (1993:22).



section 14 of the applicant and its counterparty shall be given the opportunity to

at the hearing before the Court to present their

comments and produce the investigation they want to invoke.



In the case under the Act (1994:1512) on contractual terms in

consumer relations to the Consumer Ombudsman is called to

meeting, although he is not a candidate. In addition, the who

participates under 13 a section called to the meeting.



Before the meeting may be oral or written preparation

room to the extent that the Court determines. Law (2009:1271).



section 15 Case may be decided without meeting as referred to in paragraph 14 of the first

subparagraph, if satisfactory investigation and party

do not request session. Application that clearly do not deserve

respect may be rejected without such a meeting.



Question about prohibition or injunction pursuant to section 6 of the Act (1994:1512)

If the contractual conditions in consumer relationships may be examined without

meeting as referred to in paragraph 14.



Prohibition or obligation referred to in the second subparagraph shall not

be decided without the prohibition or the obligation relating to

had the opportunity to comment on the issue, unless there are

reason assume that he absconded or otherwise agree

away. Law (2009:1271).



15 (a) repealed by law (2004:452).



section 16 of the Regulations in Chapter 5. the code of judicial procedure shall be applied

by the market Court. Act (2005:694).



section 17 by the Market Court sessions shall be Protocol.

Stories submitted evidence during interrogations in order do not need

documented. Act (2005:694).



section 18 market court may under penalty shall submit to the parties, or

the other one, who can be presumed to have such information to hand which is of

importance of the case, to appear in person before the Court.

The Court may decide that a person who is not a party to be heard as

witness. In so doing, apply 36 Cape. 3, 5 and 6 sections, section 10, second paragraph,

section 11, first paragraph, section 13 and section 14 of the code of judicial procedure. Witness refuses without

valid reasons to take an oath or to give evidence or answer

question, may submit to the Court the witness under penalty to fulfil their

obligation.



Party or the involved under section 13 may also be submitted at

penalty to provide the court action, samples and similar

that may be relevant to the case. However, this does not mean any

obligation to disclose trade secrets of a technical nature.



In the case of periodic penalty payments referred to in this clause applies to Chapter 9. section 8

the code of judicial procedure.



Anyone who is not a party nor participate in accordance with paragraph 13 (a) and

as convened by the market Court appeared before the

the Court is entitled to compensation under the provisions of the code of judicial procedure is

the prescribed compensation to the witness or expert. In the case where

The Consumer Ombudsman for action shall apply the provisions of

goal of public prosecution. In other cases, the provisions applied to the target

where conciliation is permitted. Compensation shall be provided by the parties, a

both and both for a final, the Court shall apportion the cost

between them, with half of each. Law (1993:22).



section 19 of the national court's judgment of the target is determined, the

reasons stated on which the judgment is based. Judgment, and such a decision

referred to in paragraph 15 shall be communicated to the parties and

to the involved under 13 a of the day of judgment or

the decision will be announced. Act (2004:452).



section 20, an application, a notice or an order

be made available to one party or another, it occurs through

the service of documents. The same applies to a judgment or order sent

According to § 19. For other documents, the service can be used if

It is considered necessary.



Service of such a judgment or order of court,

that includes the imposition of fines under the Act (1994:1512) if

contract terms in consumer contract Act (1984:292) if

contractual terms between businesses, may not be as

34 – 37 sections method law (2010:1932), unless it

the light of what has transpired in the current

method of the case or at the second service try


service recipient is reason to assume that he or

She has absconded or otherwise absconds.

Law (2010:1939).



Other provisions



section 21 of The who improperly disclose what according to the market court decision

non, revealed, agie to fines or imprisonment of up to one year, if

No act is punishable by penalties in the Penal Code. Act (1972:732).



section 22 of the case of imposition of penalties pursuant to section 18 be considered by the market Court.

Act (1972:732).



Transitional provisions



1993:22



1. this law shall enter into force on 1 July 1993.



2. the provisions of 13, 14, 15, 15A, 16, and 18-20 of their older

Endorsements shall still be applied in the processing of cases

If the business combination pursuant to section 7 of the transitional rules to the

Competition Act (1993:20).



3. after the entry into force of this Act Would arise a case

under the Act (1992:138) on the application of the agreements between Sweden,

Norway and the EEC on civil aviation, which had to be dealt with by

The market Court in accordance with paragraph 1 of its older version,

The market court deal with the case in accordance with 1, 2, 13

and 14 of their older versions. The same shall apply where such

the case brought before the national court when this Act comes into force.

Law (1993:682).



1994:1514



1. this law shall enter into force on 1 January 1995.



2. Objectives at the time of entry into force is pending before the

The market Court are heard older provisions.



1995:452



1. this law shall enter into force on 1 January 1996.



2. the provisions of 1, 13, 14, 15 and 20 of their older version

shall continue to apply in respect of prohibitions or obligations

are dealt with in accordance with section 4 transitional provisions

the Marketing Act (1995:450).



2004:452



1. this law shall enter into force on 1 July 2004.



2. Older rules still apply in the case of objectives at

entry into force is pending before the national court.



2008:589



1. this law shall enter into force on 1 January 2008.



2. For cases under the Act (1994:615) for action against

improper behaviour in procurement before

The market Court prior to the entry into force applies to paragraph 1 of the first

paragraph 5 of its older version.



2010:1939



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



2. Older provisions apply where a decision on notification in accordance with

15-17 sections of Service Act (1970:428) has been taken before 1

April 2011 or if the document has been sent or submitted before

This time.



2016:193



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



2. Matters that are dealt with at the time of entry into force of the market Court and initiated by an appeal against a judgment or a decision of the District Court shall be submitted to the Patent and market superior court. Other matters which are dealt with at the time of entry into force of the market should be left to Patent and market Court.



3. The repealed provisions in respect of the requirement for leave to appeal by an appeal against judgments and orders which have been issued prior to the entry into force is still valid.

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