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Recognition and enforcement procedure
What is the formal procedure for seeking recognition and enforcement of a foreign judgment?
Foreign judgments under Brussels I Regulation 2012
In order to enforce a judgment covered by the Brussels I Regulation 2012, an application must be submitted to the Swedish Enforcement Authority. The application must include a certificate issued by the court of origin.
When an application concerns enforcement of a provisional measure, the certificate must contain a description of the measure and certify the court’s jurisdiction as to the substance of the matter and that the judgment is enforceable in the state where it was rendered. If the measure was ordered without the defendant being summoned to appear, the application must also include proof of service of the judgment.
Provided that the judgment is enforceable in the state where it was rendered and the application meets the documentary requirements, the Swedish Enforcement Authority will serve the certificate on the party against which enforcement is sought, accompanied by the judgment if it has not already been served on that party. Thereafter, the Swedish Enforcement Authority will take enforcement measures against the party against which enforcement is sought. Service of process is not required when the judgment concerns provisional measures.
In certain situations, enforcement of judgments covered by the Brussels I Regulation 2012 may be subject to a procedure before the district court, following an application for refusal of enforcement by the party against which enforcement is sought.
Foreign judgments under Brussels I Regulation 2000 and the Lugano Convention An application for a declaration of enforceability is usually filed with the district court in the judicial district where the opposite party is domiciled. When a declaration of enforceability has been issued, the losing party will be served with the court’s decision and a copy of the foreign judgment, if the judgment has not already been served on that party. The foreign judgment may then be enforced by the Swedish Enforcement Authority following an application.
An application for a declaration of enforceability must include:
- a certified copy of the judgment;
- if the judgment to be enforced is a default judgment or a judgment given against an opposite party which was not present, the original or a certified copy of the document showing that the summons application or a corresponding document has been served on the opposite party;
- documents showing that the judgment is enforceable in the state where it was rendered;
- a document showing that the judgment has been served on the opposite party;
- if the applicant had legal aid in the state of origin, documents showing this;
- the address or details of a representative in Sweden or the European Economic Area for service of process; and
- authorisation documents for any representative.
The court may also request that the applicant file authorised translations of the documents.
A subsequent application for enforcement of a foreign judgment is made to the Swedish Enforcement Authority. There are no specific requirements for the application for enforcement, although the Swedish Enforcement Authority will require sufficient documentation to try the application. It is usually sufficient to enclose a certified copy of the judgment, the declaration of enforceability and a power of attorney.
What is the typical timeframe for the proceedings to grant recognition and enforcement?
The timeframe for the proceedings depends on the complexity of the case, although the minimum processing time is four weeks.
What fees apply to applications for recognition and enforcement of foreign judgments?
The fee for an application for enforcement to the Swedish Enforcement Authority is Skr600. The application for a declaration of recognition or enforcement to the court is free of charge.
Must the applicant for recognition and enforcement provide security for costs?
No. However, the court may subject enforcement of security for costs if the opposing party submits an application for refusal of enforcement.
Are decisions on recognition and enforcement subject to appeal?
For judgments covered by the Brussels I Regulation 2012, decisions on the application for refusal of enforcement may be appealed by either party to the Court of Appeal.
For judgments covered by the Brussels I Regulation 2000 or the Lugano Convention, either party may appeal a decision on the application for a declaration of enforceability.
In certain situations, the losing party may also appeal the decision of the Swedish Enforcement Authority regarding enforcement.
How does the enforcing court address other costs issues arising in relation to the foreign judgment (eg, calculation of interest, exchange rates)?
A foreign judgment is registered in the currency used in the judgment on the day of registration at the Swedish Enforcement Authority and therefore currency exchange is not required. Interest is calculated in accordance with what is established in the foreign judgment.
Enforcement against third parties
To what extent can the courts enforce a foreign judgment against third parties?
A foreign judgment is not usually enforceable against third parties. However, there are exceptional cases in which foreign judgments may be enforced against third parties.
Partial recognition and enforcement
Can the courts grant partial recognition and enforcement of foreign judgments?
Yes, the court and the Swedish Enforcement Authority may grant partial recognition and enforcement.
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