FINLAND Law and Practice Contributed by: Marja Norrena, Maija Ahtiainen and Valmari Keskimäki, Lieke Attorneys Ltd
of the claimant. A failure to respond is also deemed to have occurred if the defendant submits a response and formally contests the claim but either fails to present grounds for opposition, or relies solely on grounds that clearly have no bearing on deciding the case. However, if the claim is manifestly unfounded, it shall be dismissed even if the defendant has not responded. If the court has issued a default judgment, the defend- ant has the right to apply for a retrial within 30 days of receiving verifiable notice of the judgment. If the default judgment has been based on the party’s failure to present a written response or to appear in court, the application must include grounds for amending the judgment that could have been relevant when the matter was first decided. 3.7 Representative or Collective Actions In Finland, collective actions are governed by the Act on Class Actions. The Act allows class actions to be brought on behalf of consumers in situations where: • several persons have claims against the same defendant, based on the same or similar circum- stances; • the hearing of the case as a class action is expedi- ent, considering the size of the class, the subject matter of the claims, and the evidence presented; and • the class has been defined with adequate preci- sion. Cases may include typical consumer trade disputes and, through the now implemented EU Representative Actions Directive 2020/1828, violations of various EU regulations stipulated in the directive, such as those relating to data protection, electronic communications and environment. Actions may be brought by so-called qualified entities, which currently include the Consumer Ombudsman, certain other public authorities and the Consumers’ Union of Finland. The Finnish class action proceed- ings are opt-in. Class actions are heard solely by the District Court of Helsinki.
In addition to the aforementioned class actions seek- ing redress for consumers, qualified entities can bring representative actions to prevent business operators from engaging in activities that cause or may cause harm to the collective interests of consumers. These representative actions for injunctive measures against businesses are covered by a separate act. The repre- sentative actions are heard in the Market Court. 3.8 Requirements for Cost Estimate There is no general obligation to provide the client with a preliminary estimate of the total costs of litigation. However, if the client is represented by an attorney- at-law (a member of the Finnish Bar Association), the attorney-at-law must adhere to the Fee Guidelines issued by the Finnish Bar Association. According to these guidelines, when accepting the assignment, the attorney-at-law must disclose the applicable fee basis and billing practices, and provide a cost estimate for handling the matter upon the client’s request. The estimate is based on the information available at the time it is provided. If it becomes apparent during the course of the assignment that the estimated fee will be exceeded, the attorney-at-law must inform the cli- ent accordingly. Before legal proceedings are initiated, the parties can apply for preliminary injunctions in cases where pre- cautionary measures are needed to protect the value of a future claim (see 6. Injunctive Relief ). During legal proceedings, but before the substantive hearing of a claim, the parties may also make various case management-related motions, such as applica- tions for extensions to time limits or for confidentiality orders. 4.2 Early Judgment Applications In general, issues in dispute are decided only after the main hearing when the parties have had the chance to plead their respective cases. However, in certain cir- cumstances, the court may issue a default judgment if the defendant fails to respond to the summons or 4. Pre-Trial Proceedings 4.1 Interim Applications/Motions
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