Civil Procedure is divided into preparation and main hearing. The preparation consists of two parts: written and oral. When preparation is completed the district court calls the parties, witnesses and others who they want to hear in a meeting, called the main hearing.

Civil cases concerning minor amounts

Cases concerning minor amounts, up to half a base amount 21 200 SEK (base amount is 42 400 SEK in 2010) are decided by a single judge and the possibilities of receiving compensation for one’s court costs are limited. Otherwise, the case is generally administered in the same manner as described above.

Which court has jurisdiction?

Concerning which court has jurisdiction over your case, this is decided according to the Brussels I Regulation. Tenet is that the action is brought before a competent court in the country in which the defendant is domiciled. There are exceptions, where the contractual relationships are:

• The place where the goods were delivered or where the service is performed.
• If the dispute relates to the operation of a branch, agency or other establishment, it can be sued in the court where it is located.
• There are special rules for insurance disputes and consumer disputes.
• Article 16 allows the consumer to choose which court he wishes to bring an action before.
• An action against a consumer must be seized in the Member State where the consumer resides.
• Does the action concern rights in immovable property or tenancies of immovable property, there is an exclusive competence of the Member State where the land is situated.
• The same applies if you have agreed on which court shall have jurisdiction in the dispute. There are restrictions on consumer contracts, see Article 17.

Regardless of the information above, the following should be observed. Although the court has no jurisdiction, it becomes to be the jurisdiction when the defendant enters an appearance before the initial unauthorized Court (Article 24).

Appealing against a judgment in a civil action

The judgment of a District Court in a civil action can be appealed in the Court of Appeal. The party that wishes to appeal must do so in writing within three weeks of the pronouncement of the judgment.

The final date for appeal is stated in the judgment. The appeal is sent to the District Court. The District Court sends the appeal and all the documents in the case to the Court of Appeal, which re-hears the case. The appeal procedure is given in more detail in the judgment.

The procedure in the Court of Appeal

In certain cases leave to appeal is required if the Court of Appeal is to hear the case. A legally trained person at the Court of Appeal examines the case and presents a verbal report to three judges. The judges then decide whether or not the District Court has adjudicated the case correctly. If, among other things, there is reason to believe that the Court of Appeal would arrive at a conclusion different to that of the District Court, the Court of Appeal will grant leave to appeal. The judgment states whether leave to appeal is required and, if so, the procedure.
In a civil action there are limitations on parties in the Court of Appeal adducing new circumstances or evidence.

Many civil actions are decided in the Court of Appeal without a main hearing. The Court of Appeal decides if a hearing is required.

Appeal to the Supreme Court

The Court of Appeal is in practice the highest instance in the majority of cases. The Supreme Court can examine cases which are appealed from one of the six Courts of Appeal in the country. Generally, leave to appeal is required if the Supreme Court is to examine a case. Leave to appeal is granted if the Supreme Court judgment or decision could provide guidance in how other similar cases are to be adjudicated ('precedent'). An assertion that the Court of Appeal has adjudicated the matter incorrectly is therefore not normally sufficient reason for leave to appeal to be granted.