SWEDEN Law and Practice Contributed by: Simon Arvmyren, Christopher Stridh and Mikaela Tysk, Delphi
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 reference 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 Enforce- ment Act). A judgment regarding a payment order becomes immediately enforceable, and other judgments become enforceable after expiry of the appeal period, 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 judgment by the district court and four weeks when the judgment was issued by the court of appeal. In relation to judgments from the Supreme Court, no appeal is possible, meaning that such a judgment is immediately 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 Swe- den, unless provided for in an international treaty or in either EU or national legislation. A judgment in a civil matter from another EU member state is both recognised and enforce- able under the recast Brussels I Regulation (EU
Regulation No 1215/2012 on the Recognition and Enforcement of Judgments in Civil and Com- mercial Matters). Regarding 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 dis- trict 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 In very rare situations, judgments that have achieved res judicata effect though a binding final judgment can be rescinded due to substan- tial errors, if there are circumstances that show that the court judgment is manifestly wrong due to false evidence or an application of the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 nec- essary from the court of appeal. For the court of appeal to grant leave, one or more of the follow- ing prerequisites must be available:
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