{"id":106084,"date":"2025-06-05T09:00:55","date_gmt":"2025-06-05T09:00:55","guid":{"rendered":"https:\/\/my.legal500.com\/guides\/?post_type=comparative_guide&#038;p=106084"},"modified":"2025-08-19T07:46:38","modified_gmt":"2025-08-19T07:46:38","slug":"sweden-class-actions","status":"publish","type":"comparative_guide","link":"https:\/\/my.legal500.com\/guides\/chapter\/sweden-class-actions\/","title":{"rendered":"Sweden: Class Actions"},"content":{"rendered":"","protected":false},"template":"","class_list":["post-106084","comparative_guide","type-comparative_guide","status-publish","hentry","guides-class-actions","jurisdictions-sweden"],"acf":[],"appp":{"post_list":{"below_title":"<div class=\"guide-author-details\"><span class=\"guide-author\">Hellstr\u00f6m Law<\/span><span class=\"guide-author-logo\"><img src=\"https:\/\/my.legal500.com\/guides\/wp-content\/uploads\/sites\/1\/2019\/03\/hellstrom-advokatbyra.jpg\"\/><\/span><\/div>"},"post_detail":{"above_title":"<div class=\"guide-author-details\"><span class=\"guide-author\">Hellstr\u00f6m Law<\/span><span class=\"guide-author-logo\"><img src=\"https:\/\/my.legal500.com\/guides\/wp-content\/uploads\/sites\/1\/2019\/03\/hellstrom-advokatbyra.jpg\"\/><\/span><\/div>","below_title":"<span class=\"guide-intro\">This country specific Q&amp;A provides an overview of Class Actions laws and regulations applicable in Sweden<\/span><div class=\"guide-content\"><div class=\"filter\">\r\n\r\n\t\t\t\t<input type=\"text\" placeholder=\"Search questions and answers...\" class=\"filter-container__search-field\">\r\n\t\t\t<\/div>\r\n\r\n\t\t\t\r\n\r\n\r\n\t\t\t<ol class=\"custom-counter\">\r\n\r\n\t\t\t\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Does your jurisdiction have a class action or collective redress mechanism? If so, please describe the mechanism and outline the principal sources of law and regulation and its overarching impact on the conduct of class actions in your jurisdiction.<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Class action lawsuits are an available tool under Swedish law. Class action lawsuits in Sweden are regulated under a specific statute, the Group Proceedings Act (2002:559), which naturally also constitutes the primary source of law on the matter. This is in turn complemented primarily by jurisprudence, as class action lawsuits are (in relative terms) a new phenomenon in Sweden and thus there is little case law on special procedural matters relating to class action. In short, Swedish class actions are processed by one party as group representative, in turn thus representing the entire class. There are however options for other members of the class to directly enter the process, as well.<\/p>\n<p>The statute regulates most of the major issues arising specifically on matters of class action, and which they do not have in common with procedural rules for commercial lawsuits in general \u2013 issues such as which courts are competent, locus standi, the content of the application per se, representation, the notification of the opening of proceedings to members of the affected group, the status of all class members et al. These rules are in turn complemented by the Swedish Code of Judicial Procedure.<\/p>\n<p>Overall, class actions have had a very limited impact in our jurisdiction. By and large they are a rare means of litigation.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">What is the history of the development of the class actions\/collective redress mechanism and its policy basis in your jurisdiction?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Class actions are a relatively recent addition to Swedish procedural law. The Group Proceedings Act entered into force on the 1<sup>st<\/sup> of January 2003 and prior to this, Swedish law did not provide litigants any options for class actions. Individual cases could however be processed jointly prior to the entry into force of the Group Proceedings Act, but this is a subject different to class actions and such rulings carry no binding effect on any class, their possible position as legal precedent notwithstanding.<\/p>\n<p>The Swedish government began reviewing the possibility of introducing such class actions in June 1991, in order to investigate how to improve claimant\u2019s options to initiate actions affecting a large number of individuals. The resulting review, named <em>SOU 1994:151<\/em>, was comprehensive and entailed class actions being available to regular consumers, organizations representing such consumers or environmental protection organizations, as well as representatives for the state or Swedish counties. Such cases would in turn be available in a wide field of legal matters: including environmental, equality, consumer protection et al.<\/p>\n<p>The review did not however immediately result in any legal reform on the matter, not least because the Swedish government at the time was busy with procedural reforms following Sweden\u2019s recent EU membership. It was picked up again in the early 2000\u2019s and resulted in the comprehensively reworked bill which ultimately was passed into law, where by and large an ambition was that the rules on class actions should, to the greatest extent possible, be held in common with the standard rules on procedure under the Code of Judicial Procedure. The Group Proceedings Act thus does not by itself constitute a complete procedural regulation of class action, but must be read in conjunction with the Code of Judicial Procedure.<\/p>\n<p>In 2023, this was complemented by the Act (2023:730) on class actions for the protection of consumer interests, which is essentially an implementation of the EU Directive 2020\/1828. This latter Act is thus only applicable where there has been a violation of Directive 2020\/1828 or associated Swedish legislation. The act does not change the procedure as such but rather contains additional regulation regarding the designation of competent (legal) persons who may initiate such proceedings.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">What is the frequency of class actions brought in your jurisdiction, in terms of number of cases over the years and\/or comparison to other types of litigation?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Class actions are generally very rare in Sweden. The average amount of class actions initiated in Sweden annually since the entry into force of the Group Proceedings Act has been low (between one and two cases). Causes for this vary but generally one may conclude that the procedural requirements to initiate class actions are rarely met.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Are there certain courts or types of claims that are most prevalent (for example competition vs commercial litigation generally)?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Overall, most class actions in Sweden have focused on consumer interests and environmental offences. To the author\u2019s knowledge, there have been no class actions in Sweden to date relating to competition law, for instance.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">What is the definition of 'class action' or 'collective redress' relevant to your jurisdiction?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Class actions are defined in the aforementioned Group Proceedings Act, section 1, as \u201c<em>an action brought by a claimant on behalf of several persons and having legal effects for them, even though they are not parties to the case.<\/em>\u201d<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">What are the general 'triggers' for commencement of a class action or collective redress in your jurisdiction from a factual perspective?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Typically speaking, commencement of class action will rely on large numbers of people suffering health issues caused by environmental offences, consumers having been systematically overcharged for services (or their services not having been rendered at all), or employees experiencing similar types of discrimination. By and large however, given the rarity of class actions in Sweden, one cannot draw any conclusions about what factual circumstances typically result in the commencement of class actions.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">How do class actions or collective redress proceedings typically interact with regulatory enforcement findings? e.g. competition or financial regulators?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Class actions in Sweden have not interacted with regulatory enforcement findings in a way which differs from how civil litigation interacts with regulatory enforcement findings generally.<\/p>\n<p>Essentially the most clear way in which class actions interact with enforcement findings is through the options for public class actions: i.e. government authorities (typically regulators such as the Swedish Consumer Agency) are empowered to initiate class actions on their own.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">What types of conduct and causes of action can be relied upon as the basis for a class action or collective redress mechanism?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>The Group Proceedings Act does not mandate special types of conduct or causes of action which may be relied upon for a class action. Class actions may thus rely on the same types conduct as civil litigation in general assuming that the mandatory and special requirements to initiate class actions are met, i.e.: the action must be based on facts which are held in common or are similar to the claims of the members of the class action; and a class action must not appear to be inappropriate due to the claims of some of the class members being substantially or materially different from those of the other members of the same class action.<\/p>\n<p>In other words, any conduct which would give rise to civil liability in regular cases is applicable to class actions as well.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Are there any limitations of types of claims that may be brought on a collective basis?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Class action cases are subject to the same limitations with regard to types of claims as any regular civil litigation cases, not counting the mandatory requirements.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Who may bring class action or collective redress proceeding? (e.g. qualified entities, consumers etc)<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>The Group Proceedings Act distinguishes between three types entities entitled to bring class action proceedings: individual class actions, organizational class actions, and public class actions (section 1).<\/p>\n<p>An individual class action may, under section 4, be brought by any single individual, whether a natural or a legal person, who possesses a claim which is covered by the class action.<\/p>\n<p>An organizational class action by contrast may, under section 5, instead be brought by non-profit associations which, in accordance with the statutes of said association, defends the interests of consumers or employees in disputes between consumers and traders concerning any goods, services or other commodities offered by the trader to consumers. Organizational class actions are thus largely limited to employment cases and consumer protection cases. A special provision is also provided for in the Swedish Environmental Code, chapter 32 section 13, which in states that actions relating to damages under the Environmental Code may be brought as class actions under the Group Proceedings Act. Section 14 of the Environmental Code clarifies that this may also be brought as an organizational class action by any non-profit association which, under its statutes, protects the interests of nature conservation or environmental protection, or by an association of professionals in fishing, farming, raindeer husbandry or the forestry sector. Similarly, chapter 5 section 2 of the Competition Damages Act specifies that claims for damages under said act may also be pursued as class actions under the Group Proceedings Act (though without application of section 3 of the Group Proceedings Act, meaning the Patent and Market Court is the court competent to try such cases).<\/p>\n<p>Public class actions are governed by section 6 of the Group Proceedings Act and may only be brought by such authorities that have been designated by the government (e.g. the Swedish Consumer Agency).<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Are there any limits on the nationality or domicile of claimants in class actions or collective redress proceedings?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>The Group Proceedings Act does not place any limits on the nationality or domicile of claimants in class actions \u2013 by extension this also means that no such limits apply when the Environmental Code or Competition Damages Act is invoked either, since the Environmental Code refers to the Group Proceedings Act for the establishment of standing.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Are there any limitations on size or type of class?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Class action cases in Sweden are not limited in terms of the size of the class. As for the type of class: individual class actions are not limited in terms of type. By contrast, organizational class actions are by and large limited to issues relating to consumers, environmental offences, or competition.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Are there any requirements or prohibitions in sourcing this class?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>The Group Proceedings Act does not mandate any other requirements or prohibitions in sourcing the class beyond what was explained above (and under question 18).<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Which courts deal with class actions or collective redress proceedings?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>The Group Proceedings Act, section 3, states that the Swedish government decides which specific courts are competent to try class actions, and that each Swedish county shall have at least one such specifically designated court.<\/p>\n<p>Note that this is not a matter of specially established courts for the purpose of handling class actions. Instead, the Swedish government has designated existing District Courts (i.e. civil courts of the first instance) within each county to act as the competent court in class action cases. Matters relating to competency between such designated courts are in turn determined based on the common competency rules in chapter 10 of the Code of Judicial Procedure. Typically speaking, this means that the competent court is whichever designated court within which county the respondent resides. Establishing competency on this principle does usually not render any complications.<\/p>\n<p>Swedish law also provides for alternative options for establishing competency, e.g. forum delicti, however, and in such circumstances competency becomes a more complicated matter. In such cases where alternative rules are applied, the court must be competent to try the matter for each class action participant separately.<\/p>\n<p>Standard appellate courts and, ultimately the Swedish Supreme Court are competent to try cases where a class action judgement is appealed.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Are there any jurisdictional obstacles to class actions or collective redress proceedings?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Aside from the issues described above where alternative options for competency are pursued (as opposed to the respondent\u2019s forum domicilii), class action cases rarely give rise to any jurisdictional obstacles. E.g., the fact that some (or all) of the claimants do not reside in Sweden is not an obstacle to trying such an action in Sweden.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Does your jurisdiction adopt an \u201copt in\u201d or \u201copt out\u201d mechanism?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>The Group Proceedings Act has adopted an opt-in procedure (although the original suggestion was that this should have been an opt-out procedure). Consequently, under section 13, if an application for a class action meets the formal criteria to initiate proceedings, all members of the class action (i.e. anyone who may bring a claim under the class action) are to be notified of the initiation of such proceedings. It should be noted that section 9 of the Group Proceedings Act specifies that anyone bringing a class action must specify the names and addresses of the members of the class action \u2013 such information may only be omitted if it is unnecessary for the continued proceedings.<sup>1<\/sup><\/p>\n<p>Such notification is handled by the court and may be done by means of announcement (e.g. by public notice) or on individual basis. The court may also, under section 50, order a party to make the notification under certain circumstances.<\/p>\n<p>Section 14 further specifies that any member of the class action who has not notified the court in of their wish to be included in the class action within the period prescribed by the court shall be deemed to have withdrawn from the class action.<\/p>\n<p>The claimant is in other words not obligated to contact prospective members prior to initiating the class action. Costs associated with the compilation of relevant names and addresses may in turn be compensated by the respondent as legal costs if the class action is successful.<\/p>\n<p>Anyone who fails to opt in is simply not included in the class action, and may initiate their own proceedings at a time of their choosing. The process thus does not by itself constitute a risk for anyone to have their claims barred.<\/p>\n<p><u>Footnote(s):<\/u><\/p>\n<p><sup style=\"font-size: 9px\">1<\/sup> <span style=\"font-size: 12px\"> Another example of this is in cases involving damages due to environmental offences, where members of the class action may be identified as anyone residing within a certain distance from the location of the environmental damage.<\/span><\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">What is required (i.e. procedural formalities) in order to start a class action or collective redress claim?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Class action cases are subject to the same standard procedural formalities provided for under the Code of Judicial Procedure for civil litigation in general, (chapter 42, section 2) which states that a claim must include a specific claim, a detailed statement of the facts relied on in support of the claim, a statement of the evidence relied on and of the facts to be proved by each item of evidence, and a statement of the facts which confer competency to the court. Additionally, any claims application must be signed in writing by the applicant (or their representative).<\/p>\n<p>In addition to this, the Group Proceedings Act additionally requires under section 9 that the application must contain information on the class\/group to which the action relates, the circumstances which are common to or similar between the claims of the class members, the facts known to the claimant which are relevant to the assessment of the claims of only some of the class members, and other circumstances relevant to the question whether the claims should be dealt with in a class action.<\/p>\n<p>The above requirements must be met in the Statement of Claim. Failure to do so will result in the court dismissing the case, though not before the claimant has been given opportunity to supplement the Statement of Claim with any missing requirements.<\/p>\n<p>Upon meeting the requirements, the court will initiate the case by having the Statement of Claim served to the respondent, whereupon the case proceeds as a normal civil litigation case.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">What other mandatory procedural requirements apply to these types of matters?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Class actions are subject to special procedural requirements under section 8 of the Group Proceedings Act. Specifically, such a claim must meet five requirements (aside from any requirements under the regular Code of Judicial Procedure):<\/p>\n<ol style=\"padding-left: 0\" type=\"a\">\n<li>The action must be based on facts which are held in common or are similar to the claims of the members of the class action;<\/li>\n<li>A class action must not appear to be inappropriate due to the claims of some of the class members being substantially or materially different from those of the other members of the class action;<\/li>\n<li>The majority of the claims to which the action relates cannot be equally well pursued by the class members themselves (i.e. individually and not by way of a class action);<\/li>\n<li>The group of class action members is appropriately defined in terms of size, boundaries and other factors; and<\/li>\n<li>The claimant, having regard to their interest in the case, their financial capacity to bring a class action and the other circumstances of the case is well placed to represent the class members in the case.<\/li>\n<\/ol>\n<p>Essentially, the Group Proceedings Act also mandates compulsory legal representation, i.e. whoever seeks a class action must be represented by legal counsel.<sup>2<\/sup><\/p>\n<p>Unlike what seems to be the case in many other jurisdictions which allow for class actions, the Group Proceedings Act in Sweden does not require the court to issue any certification of any kind. If the court decides that the procedural requirements are met, it will simply initiate proceedings in the same manner as with civil proceedings in general.<\/p>\n<p><u>Footnote(s):<\/u><\/p>\n<p><sup style=\"font-size: 9px\">2<\/sup> <span style=\"font-size: 12px\"> This contrasts with Swedish procedural law in general which places no such obligation on parties.<\/span><\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Are normal civil procedure rules applied to these proceedings or a special set of rules adopted for this purpose?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>By and large these types of proceedings are governed by normal civil procedure under the Code of Judicial Procedure. A general ambition was specifically that class action procedure should differ as little as possible from normal civil procedure.<\/p>\n<p>The Group Proceedings Act does provide for special rules with regards to, in particular, the allocation of and liability for legal costs between the parties and appealing a judgement or decision from the court (in the latter case, these concern appealing decision specific to class action law suits, such as an application to initiate a class action, questions concerning admission to membership of the class et al).<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">How long do these cases typically run for?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Class action cases have been relatively rare in Sweden, e.g. between the entry into force of the Group Proceedings Act in 2003 and 2022 Sweden had only seen the initiation of about 30 cases total. It is therefore difficult to draw any conclusions about expected or typical lengths of time for class actions in Sweden, as the available data is too limited to draw any reliable conclusions.<\/p>\n<p>Assuming however that no settlement is reached, class action cases can be expected to run for multiple years, particularly given that such cases are likely to be appealed (essentially regardless of outcome) and that the likelihood of such cases being given leave to appeal is very high. Already the court\u2019s trying of the procedural requirements by itself tends to be a rather drawn-out affair.<\/p>\n<p>E.g. one of the more prolific class action cases in Sweden, known as St\u00e4vrullen (for the respondent) took about ten years from start to finish.<sup>3<\/sup>\u00a0The aforementioned PFAS-case was initiated in 2016, with a final judgement rendered in December of 2023.<\/p>\n<p><u>Footnote(s):<\/u><\/p>\n<p><sup style=\"font-size: 9px\">3<\/sup> <span style=\"font-size: 12px\"> The proceedings were initiated on 15<sup>th<\/sup> December 2004, and the parties finally settled in 2014, having not made it past the District Court.<\/span><\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">What remedies are available to claimants in class action or collective redress proceedings?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Claimants have the same types of remedies available to them as is the case under normal civil procedure generally: i.e. as a rule, they may either seek a declaratory judgement, establishing that the respondent e.g. is liable per se (without establishing the compensation amount), or seek an enforceable judgement for performance (typically economic compensation such as remedy, replacement, termination, reimbursement or the like). Claimants may also request injunctions \u2013 including combining these with penalty payments.<sup>4<\/sup><\/p>\n<p><u>Footnote(s):<\/u><\/p>\n<p><sup style=\"font-size: 9px\">4<\/sup> <span style=\"font-size: 12px\"> It should be noted that such penalty payments are paid to the <em>state<\/em>, and not to the claimants.<\/span><\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Are punitive or exemplary damages available for class actions or collective redress proceedings?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Swedish law generally does not provide for punitive or exemplary damages, and in this area class actions do not differ from the general norm. An example of this is the relatively recent judgement from the Swedish Supreme Court in NJA 2023 s. 916.<\/p>\n<p>In short, a Swedish company had been responsible for the supply of drinking water to a Swedish municipality where high degrees of per- and polyfluoroalkyl substances (\u201c<strong>PFAS<\/strong>\u201d) was detected. Residents of the municipality, who had measured unusually high levels of PFAS in their bodies due to the presence of PFAS in their drinking water, brought a class action against the company claiming damages. While no immediate health consequences had been established, the Supreme Court did proceed under the assumption that the increased amount of PFAS brought about an increased risk for health complications in the future.<\/p>\n<p>The issue in the matter was specifically if the increased amount of PFAS in the class member\u2019s bodies was to be considered a personal injury (which entitles the claimants to damages). The Supreme Court specifically stated that when trying a damages case, it is not enough to establish that the claimant has been subjected to personal injury, but that it must also be established that they have suffered some form of <strong>damage<\/strong>. In other words, it is not the personal injury which is compensated under Swedish law, but the effects of the personal injury \u2013 one would have to establish a physical defect (which in turn generally must be economically measurable).<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Is a judge or multiple judges assigned to these cases?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Class actions are not subject to special rules regarding the staffing of the case (e.g. number of judges) relative to normal civil procedure.<\/p>\n<p>As a rule, civil litigation cases are staffed by three judges in the first instance according to chapter 1 section 3 a of the Code of Judicial Procedure. Exceptions exist under paragraphs two and three of the same section <em>if<\/em> the matter is handled under simplified form or if this is sufficient with regard to its complexity and scale.<\/p>\n<p>Given that most class action lawsuits tend to involve (in total) considerable sums and complex circumstances, as a rule one may assume that such cases will be staffed by three judges.<\/p>\n<p>Appellate courts by contrast are staffed by three judges, unless the appealed judgement or decision was in turn staffed by three judges in the District Court (at which point the appellate court shall be presided over by <em>at least<\/em> four but not more than five judges). This follows from chapter 2, section 4 of the Code of Judicial Procedure.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Are class actions or collective redress proceedings subject to juries?  If so, what is the role of juries?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Generally speaking Swedish courts do not feature any juries \u2013 particularly not in cases concerning civil litigation. Cases are presided over only by judges who make decisions both on matters of law and on matters of fact.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">What is the measure of damages for class actions or collective redress proceedings?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Swedish law generally assumes that the claimant must prove that they were subjected to actual economic loss in order to be entitled to damages: loss of revenue, increased costs or similar types of actual economic loss is thus compensable. With regard to personal injury, claimants may instead under some circumstances be entitled to flat-rate compensation for disability and similar (i.e. lasting consequences of personal injury) as well as for pain and discomfort (temporary consequences of personal injury), but these tend to be comparatively low. These tend to be measured in a few thousand and a few tens of thousands of SEK.<\/p>\n<p>E.g., a consumer who bought a car which had a higher emission rate than advertised would effectively have to prove that this in turn in some way resulted in increased costs for said consumer (or some sort of personal injury) in order to be entitled to any compensation. The burden of proof for the actual loss suffered by the class rests on the claimant.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Is there any mechanism for the collective settlement of class actions or collective redress proceedings?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Section 26 of the Group Proceedings Act specifically govern matters relating to collective settlement of class actions. Under this section, a settlement entered into by the claimant for the class is effective if it is ratified by the court, i.e. if it is rendered in a judgement. Consequently, a basic requirement for a settlement of a class action is that the action has already met the procedural requirements for class actions under the Group Proceedings Act.<sup>5<\/sup> In other words, one may not settle a class action with binding effect for all members of the class at a stage prior to the formal initiation of proceedings.<\/p>\n<p><u>Footnote(s):<\/u><\/p>\n<p><sup style=\"font-size: 9px\">5<\/sup> <span style=\"font-size: 12px\"> The court is prevented from rendering a judgement (and thus ratifying a settlement) in a class action where the procedural requirements have not been met.<\/span><\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Is there any judicial oversight for settlements of class actions or collective redress mechanisms?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>A condition for the settlement of a class action with effect for members of the class must be ratified by the court and rendered in a judgement. Under section 26 of the Group Proceedings Act, such a ratification of a settlement is to be issued by the court if the parties request it, assuming that it is not discriminatory against members of the class or in other ways is manifestly unconscionable (a requirement which goes beyond standard civil procedure under the Code of Judicial Procedure). Settlements of class actions need not however cover all members of the class.<\/p>\n<p>In other words, there is some judicial oversight for settlements of class actions, though it is relatively limited in scope.<\/p>\n<p>Section 49 of the Group Proceedings Act further states that prior to such ratification by the court, the members of the class must also be notified of the settlement. Any member of the class who does not wish to agree to the settlement has the option of directly entering the process.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">What are the top three emerging business risks that are the focus of class action or collective redress litigation?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>The two most common types of class actions in Sweden have been consumer protection cases and claims relating to environmental offences. The aforementioned PFAS case (NJA 2023 s. 916) serves as an example of the type of claims which are likely to continue to be prevalent in class action form, i.e. groups of people who have experienced health problems due to pollutants or other environmental offences.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">What trends in litigation are evident in the last three years in your jurisdiction in respect of class actions?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Class action cases are rare in Sweden, with an average of about two class actions initiated per year. Consequently, there isn\u2019t sufficient data to identify trends with any certainty, much less over the last three years. Typically speaking each class action case has been characterized by its own particular circumstances. One could say that at least on the legislative level there\u2019s been a greater emphasis placed on consumer cases specifically.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Where do you foresee the most significant legal development in the next 12 months in respect of collective redress and class actions?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>The most recent development in class actions has come from the European Union as opposed to any domestic developments, not least in the form of the Act (2023:730) on class actions for the protection of consumer interests. Said act constitutes a procedural framework for the trying of violations of provisions in the EU Directive 2020\/1828, including governing the approval of entities to initiate class actions emanating from said directive.<\/p>\n<p>Class action legislation has historically not been subject to major revisions or updates in Sweden. Since its entry into force, the Group Proceedings Act has only seen two minor revisions, one in 2016, and another in 2020. Both were minor revisions which did not particularly modify the original framework.<\/p>\n<p>Given the, at best, historically mild interest of Swedish legislators regarding civil procedure in general and class action legislation in particular, it is unlikely that any further legislative developments could be expected on class actions in Sweden in the next twelve months or, for that matter, in the next several years.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Are class actions or collective redress proceedings being brought for \u2018ESG\u2019 matters? If so, how are those claims being framed?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Class actions regarding environmental offences and the damages said offences may have inflicted upon people have occurred in Sweden and are likely to become more common as awareness regarding the management of harmful chemicals, emissions and other substances is increasing, but by and large such claims have not been framed as \u201cESG\u201d-matters per se.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Are there any proposals for the reform of class actions or collective redress proceedings? If so, what are those proposals?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Further legislative development or reform of class actions in Sweden is unlikely. The latest proposal (which also passed into law) was based on the EU Directive 2020\/1828, and currently there are no further proposals for such reform. Swedish legislature has historically shown at best rather mild interest in reforming or revising the Group Proceedings Act, and the civil procedure in general.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\r\n<div class=\"word-count-hidden\" style=\"display:none;\">Estimated word count: <span class=\"word-count\">5067<\/span><\/div>\r\n\r\n\t\t\t<\/ol>\r\n\r\n<script type=\"text\/javascript\" src=\"\/wp-content\/themes\/twentyseventeen\/src\/jquery\/components\/filter-guides.js\" async><\/script><\/div>"}},"_links":{"self":[{"href":"https:\/\/my.legal500.com\/guides\/wp-json\/wp\/v2\/comparative_guide\/106084","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/my.legal500.com\/guides\/wp-json\/wp\/v2\/comparative_guide"}],"about":[{"href":"https:\/\/my.legal500.com\/guides\/wp-json\/wp\/v2\/types\/comparative_guide"}],"wp:attachment":[{"href":"https:\/\/my.legal500.com\/guides\/wp-json\/wp\/v2\/media?parent=106084"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}