SWEDEN Law and Practice Contributed by: Simon Arvmyren, Christopher Stridh and Mikaela Tysk, Delphi
• there are otherwise special reasons to try the appeal (eg, if the district court made a substantial procedural error). When appealing a judgment from the court of appeal to the Supreme Court, leave for appeal is demanded (see Chapter 54, Section 10 of the Procedural Code). The grounds for leave are the following: • if the case is of importance as a precedent; or • there are special reasons for an examination, such as grounds for rescission or that there has been a substantial procedural error or that the outcome of the case in the court of appeal was obviously due to manifest errors. 10.3 Procedure for Taking an Appeal An appeal of a decision or a final judgment of a district court shall be put to the relevant court of appeal but must be submitted to the district court within three weeks from the date of the judgment in question (see Chapter 50, Section 1 of the Procedural Code) for the district court to assess whether the appeal has been submitted within the time limit. If the appeal has indeed been submitted within the time limit, the dis - trict court forwards the appeal to the court of appeal. The appeal must be in writing and must include the following information: • what judgment the plaintiff wants to appeal; • what part of the judgment the plaintiff wishes to have reversed in the court of appeal; • the grounds on which the judgment shall be changed; • the grounds to grant leave of appeal; and • which evidence the plaintiff wishes to invoke (see Chapter 50, Section 4 of the Procedural Code). 10.4 Issues Considered by the Appeal Court at an Appeal If the appellant court has granted leave of appeal, the respondent will be ordered to submit a written response to the claimant’s appeal. The court of appeal may order further exchange of documents, or a pre- paratory hearing as needed (see Chapter 50, Sections 8–10 of the Procedural Code).
If the case should be decided after a main hearing, the same rules apply as in the district court. Deciding a Case Without a Hearing The court of appeal may decide the case without a main hearing if the claimant’s appeal is admitted by the respondent or if it is obvious that the appeal is baseless. Moreover, the appeal court may also decide the case without a main hearing if neither of the par- ties, after having been heard, objects to it, or if both parties have requested a judgment without a hearing. In addition, a case may be decided without a main hearing if such a hearing is unnecessary (see Chapter 50, Section 13 of the Procedural Code). The Supreme Court may also decide a case without a main hearing (see Chapter 55, Section 11 of the Procedural Code). Amending Requests Generally, the plaintiff is not allowed to amend its request for relief or cause of action (see Chapter 13, Section 3 of the Procedural Code). There are, how- ever, a few exceptions to this rule, for example if a circumstance occurred during the proceedings or only became known to the plaintiff at that point or if a new request for relief is based essentially on the same set of operative facts. During an appeal, a plaintiff may only amend its cause of action due to circumstances that occurred during the proceedings or if there is a justifiable excuse for other reasons. 10.5 Court-Imposed Conditions on Granting an Appeal The court is not able to impose any conditions on granting an appeal, but in certain cases (such as cases concerning certain intellectual property rights, challenge of arbitral awards and competition law cas- es), the court of appeal must allow the judgment to be appealed to the Supreme Court by way of a special declaration. 10.6 Powers of the Appellate Court After an Appeal Hearing After a main hearing, the appellate court has a few options. The court is only allowed to rule on the mat- ters that were appealed by the parties and not on other matters.
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