SWEDEN Law and Practice Contributed by: Tove Andersson, Anders Linnerborg, Sara Eriksson and Ellen Lewin, Setterwalls Advokatbyrå AB
11. Contractual Agreements 11.1 Transferring or Apportioning Liability Asset transfer agreements or share purchase agree- ments usually include warranties and, if needed, specific indemnities in respect of environmental and permitting issues. Such indemnities concern specific issues and are usually contractually limited in time and amount. The responsibility in accordance with public law can, as such, not normally be altered, although agreements/indemnities are binding between the con- tractual parties. 12. Contaminated Land 12.1 Key Laws Governing Contaminated Land The key legislation is Chapter 10 of the Environmen- tal Code, which contains provisions that regulate the responsibility of operators and property owners for contaminated land. The general approach taken by regulatory authorities to remediation requirements is that the requirements should involve thorough assess- ment of the contamination, followed by the implemen- tation of necessary measures to mitigate and remedi- ate the contamination. 12.2 Clearing Contaminated Land The main rule is that the one who conducts or has conducted the activity or has taken an action that has contributed to the contamination (the operator) is responsible for investigation and remediation. A prop- erty owner can also be held responsible. The respon- sibility can be delegated to another party through contractual agreements but not always with certain effect in relation to the public, that is, criminal liability and regulatory law obligations. This matter addresses When more than one party has contributed to con- tamination, liability is finally determined based on the extent of each party’s contribution to the contamina- tion. The reviewing authorities assess the degree of involvement and the impact of each party’s actions to apportion liability accordingly. This ensures that all responsible parties are held accountable for their both public and private law. 12.3 Determining Liability
damage caused by the business. Consequently, a financial institution/lender cannot be liable for envi- ronmental damage or breaches of environmental law unless it has some form of actual or legal control of the business. 9.2 Lender Protection Loan agreements typically include limitations of liabil- ity for the lender.
10. Civil Liability 10.1 Civil Claims
Civil claims for compensation or other remedies can be brought in cases where individual persons or legal entities have suffered damage due to environmen- tal incidents or violations of laws. These claims may concern compensation for property loss or damage, health impacts, or economic losses. Affected par- ties can bring civil claims for non-contractual dam- age compensation. They can also bring civil claims for damages in accordance with Chapter 32 of the Environmental Code (see 5.3 Key Defences ). 10.2 Exemplary or Punitive Damages This is possible when multiple plaintiffs have suffered similar damage from a common source of pollution or contamination. 10.4 Landmark Cases There are several landmark cases that have shaped and developed environmental liability law in Sweden – eg, cases that address adequate causality, burden of proof, reasonableness assessment, and liability rules in contractual relationships. As these cases illustrate how different types of environmental damage and compensation for such damage have been handled in case law, they are central to understanding how environmental liability law is applied in Sweden. This is not applicable in Sweden. 10.3 Class or Group Actions
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