Art. 1.
If a term set by a trader when he or she enters into or intends to enter into an agreement with another trader is to be regarded as unfair, the Patent and Market Court may prohibit the trader from subsequently setting the same or substantially the same terms in similar cases. Such a prohibition may also be directed at someone who is employed by the trader or at someone acting on behalf of the trader.
The first paragraph also applies to terms that an authority or another public entity stipulate for an agreement with a trader, according to which he or she shall provide goods or services for payment.
Lag (2016: 204).
Art. 2.
When assessing whether a contract term is to be regarded as unreasonable, special consideration shall be given to the need for protection for those who occupy an inferior position in the contractual relation.
A prohibition shall be determined only if it appropriate from public interest perspective.
Art. 3.
Issues about a prohibition are raised following an application. Such an application may only be made by an association of traders, by another association which has a legitimate interest in representing a trader or by an individual trader against whom the relevant contract term has been stipulated.
Lag (2002:354).
Art. 3a.
If an association of traders makes it probable that the outcome of the case may be of significant interest to the members of the association, the court may, at the request of the association, allow it, in addition to an individual party, to take part in the proceedings and adduce evidence.
An application for participation must be in writing and be reasoned.
The parties shall be given an opportunity to comment on the application. The application may not be approved if the party, on which the application regarding participation relates to, opposes it.
Lag (2016:204).
Art. 4.
Decisions regarding prohibitions do not prevent the same issue from being re-examined, if changed circumstances or some other special reason so requires.
Art. 5.
A prohibition shall be combined with a conditional fine, unless it is unnecessary due to special reasons.
An action for the imposition of a fine shall be brought before the Patent and Market Court by the person who has applied for the prohibition.
Lag (2016: 204).
Art. 5a.
Service of judgments and decisions involving a conditional fine may take place in accordance with Sections 34–37 of the Service Act (2010: 1932) only if, taking into account what has emerged in the individual service case or in other service attempts with the service recipient, there is reason to assume that he or she has deviated or otherwise stays away.
Lag (2016:204).
Art. 5b.
In cases pursuant to section 1, the court may decide that each party shall bear its own litigation costs.
Lag (2016: 204).
Art. 6.
The law does not apply in respect of a service provided by a trader who is established in another state than Sweden within the European Economic Area (EEA).
Lag (2009:1088).
Art. 7.
When trading in goods or services, the provisions of this Act on contract terms also apply to practices established between the parties, commercial practices and other customs regarding payment time, interest on arrears or compensation for recovery costs.
Lag (2013: 57).
