SWEDEN Law and Practice Contributed by: Simon Arvmyren, Christopher Stridh and Mikaela Tysk, Delphi
9.3 Pre-Judgment and Post-Judgment Interest General provisions regarding interest are found in the Swedish Interest Act, and rules regarding interest are not considered to be of a procedural nature except for interest awarded on cost, which also refer to the Interest Act. Interest on cost accrues from the day of the judgment. Interest on a claim shall be paid from the day the claim is due for payment. If a fixed due date is not agreed on, the claim falls due for payment no later than 30 days after the creditor has made a claim for payment of the claim. Notwithstanding this, interest shall be paid no later than the date of service of a summons in a case concerning the issue of payment. The default interest is calculated as the official refer- ence rate of the Swedish Central Bank (Riksbank) plus eight percentage points (see Section 6 of the Swedish Interest Act). 9.4 Enforcement Mechanisms of a Domestic Judgment A Swedish judgment or Swedish arbitral award may be enforced by the Swedish Enforcement Authority (see Chapter 3 of the Swedish Enforcement Act). A judgment regarding a payment order becomes immediately enforceable, and other judgments become enforceable after expiry of the appeal peri- od, unless the court by specific order decides that the judgment shall be immediately enforceable. The appeal period is three weeks from the day of the judg- ment by the district court and four weeks when the judgment was issued by the court of appeal. In rela- tion to judgments from the Supreme Court, no appeal is possible, meaning that such a judgment is immedi- ately enforceable. 9.5 Enforcement of a Judgment From a Foreign Country As a main rule, foreign judgment in civil cases that are issued in a foreign country by a foreign court are not recognised or enforceable in Sweden, unless provided for in an international treaty or in either EU or national legislation.
A judgment in a civil matter from another EU mem- ber state is both recognised and enforceable under the recast Brussels I Regulation (EU Regulation No 1215/2012 on the Recognition and Enforcement of Judgments in Civil and Commercial Matters). Regard- ing judgments issued by courts in Norway, Iceland or Switzerland, the Lugano Convention is applicable and governs recognition and enforcement in Sweden.
10. Appeal 10.1 Levels of Appeal or Review to a Litigation
As mentioned in 1.2 Court System , the general courts consist of three levels: district courts, courts of appeal and the Supreme Court. A party may appeal a judgment made by a district court, to the court of appeal. The court of appeal needs to grant leave to appeal to be able to try the case. In very rare situations, judgments that have achieved res judicata effect though a binding final judgment can be rescinded due to substantial errors, if there are circumstances that show that the court judgment is manifestly wrong due to false evidence or an applica- tion of the law that is obviously in contradiction with the law, or if a party has omitted to appeal against a judgment due to circumstance beyond its control such as the appeal getting lost in the mail, sudden illness or similar excusable situations. 10.2 Rules Concerning Appeals of Judgments The unsuccessful party to a litigation may appeal the judgment. However, leave of appeal is necessary from the court of appeal. For the court of appeal to grant leave, one or more of the following prerequisites must be available: • the court of appeal is in doubt as to whether the district court has ruled correctly; • the appeal is necessary for the court of appeal to be able to assess whether the district court has ruled correctly; • the case is of importance as a precedent; and
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