Judgment On Prohibition On The Use Of Contractual Terms And Conditions

The Supreme Court handed down a judgment on 14 February 2024 in the case between the Consumer Ombudsman and Svea Bank. The Consumer Ombudsman had filed a petition to the Patent and Market Court requesting that Svea Bank be prohibited from using contractual terms and conditions in a credit agreement with a consumer that contained a requirement for a fee for overdue payment in the event that the consumer failed to make payment on time. The grounds for the Consumer Ombudsman's petition consisted of the fact that a fee for overdue payment of that kind was prohibited under the Act on Compensation for Debt Recovery Costs etc. (the "Debt Recovery Costs Act") and was therefore unreasonable under the Consumer Contracts Act. The Consumer Ombudsman's action had been upheld by both the Patent and Market Court and the Patent and Market Court of Appeal.