SPEDITÖRPANTEN – logistics companies are given
greater possibilities for distribution in bankruptcy (at the
creditors' expense)
In the case "Speditörpanten" (NJA 2022 p. 574),
the Supreme Court found that the provisions of the standard
agreement NSAB 2015 constitute commercial practice in the shipping
and logistics industry. Advokatfirman Lindahl has previously
commented on the contractual law aspects of the ruling, which you
can read about here.
This commentary describes the consequences of the ruling from
the point of view of bankruptcy law and in the case of distribution
in bankruptcy. The circumstances of the case were as follows.
A logistics company had been dealing with distribution of goods
for a sportswear company for a long time. The logistics
company's services included dealing with transports, customs
matters, warehousing, order management, packaging, delivery to
customers and returns management.
