The Supreme Court has confirmed that domain names are property which can be forfeited to the state, providing rights holders with another measure in their fight against online infringement. The court noted that the concept of 'property' is central for the rules on forfeiture. It concluded that a person who registers a domain name is granted an exclusive right to that domain name and the right to a domain name may be subject to dispute resolution and entitlement claims.
Two appeal courts recently ruled on two separate cases in which arbitral awards were challenged on the basis that the tribunals had departed from decisions made on issues of merits in procedural orders. Generally, procedural orders are not final and binding and a tribunal is free to amend previously issued procedural orders. However, procedural orders are sometimes used as a tool for making interim decisions on the merits of the case.
In the mid-1980s a Swedish mining company exported toxic waste to Chile to be processed. In the 1990s the waste was allegedly used in building foundations and the high arsenic levels allegedly caused serious health issues to the local residents. Subsequently, close to 800 Chileans sued the Swedish mining company. The trial started in October 2017 after more than three years of preparatory proceedings. A decision is expected in early 2018.
In December 2017 the Svea Court of Appeal dismissed an abuse of dominance damages claim against Telia Company AB. In 2013 Telia was fined for abusing its dominant position in the asymmetric digital subscriber line market by applying a margin squeeze on its competitors. Earlier in 2017 a follow-on claim by telecoms operator Yarps, based on the same infringement, was rejected by the Svea Court of Appeal.
Companies and individuals acting on the Swedish labour market should be aware of the delimitation in law between consultants and employees. Whether an individual is to be considered a company consultant or an employee will determine the applicability of employment protection and could have significant tax implications affecting both companies and private individuals.
The Financial Supervisory Authority recently agreed on more stringent amortisation requirements for home mortgages. The debt burden on Swedish households has long been a concern for regulators, and the authority is now taking an activist approach in an effort to mitigate the risk of a widespread crisis in case of a downturn in the housing market.
A case regarding the enforceability of an electronic promissory note was recently decided by the Supreme Court. The court investigated whether the relevant electronic loan document was to be viewed as a non-negotiable or negotiable instrument, and settled that it was indeed a non-negotiable promissory note. This meant that the requirement to present an original document to the Enforcement Authority did not apply.
A bankruptcy estate may take action for the claw back of transactions that have been carried out in relation to a certain creditor before the initiation of bankruptcy proceedings, if such transactions have been adverse to the interests of other creditors. Certain transactions can be reversed during a five-year hardening period if the relevant creditor knew, or should have known, that the debtor was insolvent when the transactions were undertaken.
The Supreme Court recently referred a case to the European Court of Justice (ECJ) concerning the demarcation of insurance mediation and investment advice, and the extent to which the statutory liability insurance for insurance intermediaries should respond to claims in respect of such services. In tandem with the ECJ proceedings, the Swedish Ministry of Finance proposed that the EU Insurance Distribution Directive 2016/97 be transposed into local law by way of introducing an insurance distribution act.
Most franchise agreements in Sweden contain an arbitration clause. When entering into a settlement agreement a franchisor must ensure that the arbitration clause in the franchise agreement explicitly covers the settlement agreement. The easiest way to do this is to put an arbitration clause into the settlement agreement.
In eight landmark decisions, the Patent and Market Court of Appeal decided that the terms for already granted supplementary protection certificates (SPCs) should be recalculated in order to reflect a 2015 European Court of Justice decision regarding the method for calculating SPC terms under EU Regulation 469/2009. Several pharmaceutical companies that had been granted SPCs noted that the Patent and Registration Office's method of calculating SPC terms was not in line with EU law.
The Svea Court of Appeal recently rejected City Säkerhet's motion to set aside an arbitral award. The judgment clarifies whether an arbitrator's application of a legal rule to which neither party referred in the arbitration may constitute grounds to challenge the arbitration award. The principle of jura novit curia (ie, the court knows the law), which is applicable in court proceedings, should also apply in Swedish arbitration unless otherwise agreed by the parties.
After years of intense debate, a new government bill will give the Competition Authority greater decision-making powers in relation to notified mergers in Sweden. An official government report states that the authority's decision-making powers should lead to an increased incentive for fast, high-quality decision making and eliminate time losses that might arise as a result of the authority preparing a lawsuit instead of a decision.
The Supreme Court recently clarified that copyright infringement is not a crime where the presumed penalty is imprisonment. This decision marks a change in relation to previous case law regarding the penalty for copyright infringement through illegal file sharing. The Supreme Court has now aligned the view on the severity of IP infringements. This is a welcome development, although rights holders may have benefited from a stricter view and a development in the opposite direction.
The Supreme Court recently outlined the assessment of the terms 'trader' and 'marketing' with regard to a municipality's use of a private individual's picture in newspaper advertisements and other informative material. After a city in a municipality had been named the European capital of culture, the municipality used a picture showing a person. The person sued the municipality for damages on the grounds that it had used the picture in marketing the municipality and its business without his consent.
The legislature recently amended the law known as 'Lex Laval', according to which the right to conduct collective actions against foreign labour stationed in Sweden has been limited. The amendments in Lex Laval, which entered into force in June 2017, bring expanded rights for Swedish trade unions through collective actions by demanding that workplaces with foreign labour be covered by Swedish collective agreements.
The Land and Environment Court of Appeal recently determined a case regarding exemption from national provisions to protect the fungus species Sarcosoma globosum. While the ruling provides some nuance and clarification, the case has since been subject to interesting and varying interpretations by land owners, authorities and law practitioners.
Calculating compensation for damages can be complicated. The Labour Court recently ruled on this matter and made three individuals and their company liable to pay damages of several million Swedish kroner. It is the first case of its type and magnitude to be tried by a court of the highest instance. The Supreme Court has also decided that the dispute in question is a labour dispute, not a civil claims case.
According to case law, a party is entitled to reclaim transfers of funds if it is undisputed that the transfer has occurred and the transferee has failed to provide sufficient evidence that he or she is entitled to keep the funds. This general rule was recently disputed in a case regarding several transfers of funds from one business partner to another acting in a joint development project.
The government recently presented a bill to Parliament suggesting changes to the electricity certificate system – Sweden's primary support system for renewable energy. Producers of renewable energy receive one certificate per megawatt hour of renewable energy produced. The government is now proposing to extend the certificate system to 2045 and to increase total quota obligations with an additional 18 terrawatt hours until 2030.