2025
2025-02-28 The specific copyright considerations that may need to be taken into account in the interpretation of copyright contracts must be interwoven with what applies for contractual interpretation in general. This means that such specific considerations may be taken into account in order to specify or supplement the circumstances when assessing and balancing the various interpretative factors related to the particular agreement, but not in the form of recognising any particular interpretative principles.
2025-02-25 Secrecy under Chapter 21, Section 7 of the Public Access to Information and Secrecy Act. A company’s request for many judgments and other documents in criminal cases was deemed subject to secrecy, with regard to the rules of the GDPR, despite the fact that the company's activities were covered by constitutional protection. Because the company conducts journalistic activities, the documents have been released with reservations (I and II).
2025-02-19 Admissability of a climate-change action.
2024
2024-12-27 When applying the exemption rule, namely that a case shall not be treated as a simplified civil procedure if it is demonstrated that the underlying dispute involves a larger amount, only monetary value is to be taken into account.
2024-12-20 What is required for someone to be considered to have undertaken to temporarily supervise a child, with the effect that criminal liability may arise in the event supervision is deficient.
2024-11-28 An authorisation has not been deemed to be revoked in the prescribed manner when the principal has issued a new authorisation with more limited powers. Nevertheless, the powers under the previous authorisation could not be invoked by a third party who should have understood that the principal’s intent, through the new authorisation, was to limit the powers of the agent (Section 20 of the Contracts Act).
2024-11-28 Recognition and enforcement of sentences involving deprivation of liberty in the European Union. The exceptions to the requirement of consent from both the other State and the sentenced person in the case of deportation for having committed a criminal offence require that the deportation order be in the judgment that is to be forwarded. This also applies if the deportation was ordered in a previous judgment in a criminal case.
2024-11-20 Question of what is required in order for a deliberate action, which was taken in breach of the ban on reprisals, to be considered to constitute the imposition of a disciplinary sanction and thus an action that is criminally punishable under Section 6 of the Act on protection for informants in certain private enterprises.
2024-10-24 How the best interests of the child should be taken into account when determining the penalty for a parent, and the question of penalty value in commercial money laundering cases.
2024-07-12 Impediment to extradition to Türkiye for execution of sentence. A risk that the requested person will be subjected in Türkiye to persecution of the kind referred to in Section 7 of the Extradition for Criminal Offences Act, as well as substantial grounds for believing that he runs a real risk of being subjected to torture or other such treatment in violation of Article 3 of the ECHR, was considered to exist.
2024-06-19 A prosecutor who had been the lead investigator in a criminal case was deemed to be disqualified in view of her previous work at a law firm where a lawyer, both during the time the prosecutor worked at the firm and later during the criminal proceedings, represented one of the injured parties. Relief for a substantive defect was granted as it was not plain that the disqualification did not affect the outcome of the case.
2024-06-14 Limitation of a claim for compensation for immaterial damage based on violations of the ECHR alleged to have been committed in the 1970s.
2024-04-04 Determination that an impediment exists to the extradition of a Union citizen for execution of a sentence in a third country, as he is deemed to be permanently resident in Sweden and thus equated with a Swedish citizen.
2024-04-03 With reference to the principle of legality, criminal liability could not be imposed for using an untrue instrument and unlawful driving when a formally valid driving licence had been issued based on misleading information.
2024-03-22 Drunken driving. Driving while asleep as a defence.
2024-03-08 Recovery to the bankruptcy estate. Determination of value compensation, pursuant to Chapter 4, Section 14 of the Bankruptcy Act, has been based on the value at the date of the judgment in the recovery case, instead of being based on the value at the date of the recovered legal act.
2024-02-21 A particular sexual act is deemed to constitute rape because it clearly differed, both in its nature and in the manner in which it was carried out, from the other sexual acts in which the injured party voluntarily participated.
2023
2023-12-29 Disclosure of a document containing personal data. The assessment of a measure’s proportionality must also consider the interest of the data subject.
2023-12-27 Whether an impediment exists to the enforcement of an arbitration award in respect of one party’s liability to compensate another for arbitration costs consisting of the arbitrator’s fee and the arbitral institute’s fee.
2023-12-12 Following an action regarding paternity, an order has been issued to carry out forensic DNA profiling on human biological matter from a deceased and buried person. The individual seeking to establish paternity is considered to have a strong interest in obtaining reliable facts about his identity and heritage. No other ways of obtaining information which can be used to determine paternity were shown to exist.
2023-12-05 The issue of whether high PFAS blood levels is a physical impairment which, under tort law, constitutes a personal injury.
2023-11-14 Liability of the operator of a vessel, redare in Swedish, under the Swedish Maritime Code. Also, the issue of liability for damages following gross negligence with knowledge that damage will probably result.
2023-10-31 Extradition to Ukraine has – taking into account the ongoing war and the impact it has on people who are deprived of their liberty – been deemed incompatible with Article 3 of the European Convention on Human Rights.
2023-07-07 A Danish limited company marketed alcoholic beverages and sold wine to consumers in Sweden via e-commerce. The buyers were offered delivery to Sweden with a carrier enlisted by the Danish company. The company was a wholly owned subsidiary of a Swedish limited company and purchased services from that company relating to, inter alia, finance, IT and customer service. The companies were not considered to be operating retail trade in violation of the Swedish Alcohol Act and were not prohibited from marketing the alcoholic beverages.
2023-06-30 Whether a group of people who briefly demonstrated their dissatisfaction from the public gallery of the Riksdag during an interpellation debate can be sentenced for disturbing proceedings.
2023-05-12 For the purposes of Section 12 of the International Copyright Regulation, a television broadcast via satellite is found to be made in the country where the communication of the programme-carrying signals was initiated.
2023-04-14 The police had exchanged weapons for a dummy four months before an individual tried to retrieve the weapons. Because the danger of the completion of the weapons offence was already excluded when the defendant's intention was formed, it was an impossible attempt that is not punishable.
2023-04-05 A landowner who was unable to fell a 22-hectare forest area because of the provisions of Section 4 of the Species Protection Ordinance has been awarded compensation from the State.
2023-04-04 An EU citizen, wanted under a European arrest warrant, has been equated with a Swedish citizen when applying a ground for refusal related to the statute of limitations.
2023-03-31 A statement made in the context of a debate in a political assembly has been considered not to be punishable as agitation against a population group.
2023-03-30 A remote search order may be issued even if the information sought may be stored abroad.
2023-02-14 Evaluation of evidence in cases of murder and attempted murder (I and II).
2022
2022-12-16 Photographic activity constituting invasion of privacy?
2022-12-13 The question whether surrender for execution of a sentence under a European arrest warrant shall be refused on the grounds that the sentence was imposed after a trial at which the requested person did not appear in person.
2022-11-10 A Swiss citizen was prosecuted for aiding a crime against the law of nations, gross crimes. The prosecution pertained to acts which he and a co-accused, who is a Swedish citizen, allegedly committed in Sudan in the capacity of representatives of companies within a Swedish company group. No impediments to Swedish jurisdiction have been deemed to exist in Swedish law or public international law.
2022-07-08 Whether the relationship between two women was such that a couple relationship existed under the Cohabitees Act.
2022-06-21 Due to fraud, a consumer disclosed the code to his Bank ID and response codes generated by his bank security token. The acts made several withdrawal transactions on the consumer's account possible. The circumstances were deemed to be such that the consumer's actions were grossly negligent but not particularly reprehensible. Accordingly, the bank shall in all material respects restore the account to the position it would have had had the transactions not been carried out.
2022-06-14 A road carrier's liability to pay compensation pursuant to Article 23 (4) of the Convention on the Contract for the International Carriage of Goods by Road (CMR) has been deemed not to cover costs for excise duty for goods that were stolen during carriage. The applicable law was also at issue.
2022-04-05 The provisions of Chapter 34, Section 2 of the Swedish Criminal Code shall be applied when the offence subject to examination is newly discovered relative to a judgment delivered in another EU country. In such a case, the court has the responsibility for ensuring that the investigation regarding necessary foreign judgments is available.
2022-03-31 Recognition and enforcement of custodial sentence in the European Union. The basis for refusal in Chapter 3, Section 4 (7) of the European Enforcement Act is not applicable to a foreign judgment rendered after a written procedure.
2022-02-23 Dismissal of an application for a summons. An application for a summons has been submitted in English in a case amenable to out-of-court settlement. Upon failure to obey an order to translate the document, the application for a summons has been dismissed.
2022-02-15 Human exploitation. Conditions for criminal liability and choice of sanction.
2021
2021-12-21 Extradition to Rwanda for genocide, etc. Specifically the question whether an extradition would be in contravention of the provisions of Article 6 of the Convention for the Protection of Human Rights and Fundamental Freedoms regarding the right to a fair trial.
2021-12-15 Attachment. In the assessment of whether it is justifiable to attach a property occupied by a child, the child’s own interest in the protection of his or her home environment is to be balanced against the interest of exploiting the economic value of the property to provide for the creditor.
2021-12-08 Swedish courts have been deemed competent to adjudicate a custody case pursuant to the Brussels II Regulation notwithstanding that neither the parents nor the child are habitually resident in Sweden. The jurisdiction of Swedish courts has been approved by all parties to the Swedish proceedings and the jurisdiction has been deemed to be in the best interests of the child.
2021-11-18 A foreign state has not been deemed to have immunity from enforcement of an arbitral award regarding listed shares and related receivables since the nature of the purpose of the holding was not sufficiently qualified to shield the property from enforcement.
2021-06-21 Freedom of expression offence of unlawful portrayal of an act of violence. The publication on a website of a film depicting an act of terrorism has been found to have taken place within the context of news distribution. Question of whether the act was justifiable taking into account such circumstance.
2021-06-11 Question regarding whether a decision by the Board of the Swedish Bar Association may be appealed to the Supreme Court by analogous application of Chapter 8, Section 8 of the Code of Judicial Procedure.
2021-05-05 Dead persons are covered by the term protected persons in accordance with customary international law and are also covered by the definition in Section 3 of the Act on Criminal Responsibility for Genocide, Crimes against Humanity and War Crimes. Accordingly, they can be the subject of humiliating and degrading treatment. As a rule, a war crime against a person is a crime the nature of which is such that imprisonment will normally result.
2021-03-31 Significance of freedom of expression aspects in the assessment of a prosecution for threatening a public official. Also, question of purport of the threat of violence requirement in Chapter 17, Section 1 of the Swedish Criminal Code.
2020
2020-04-09 Following the death of the principal, an agent instructed a bank pursuant to a general power of attorney to pay invoices using monies from the bank account of the deceased. The agent was deemed by the Court to have the authority pursuant to the power of attorney to take these legal actions. The bank has paid these invoices without incurring any liability to the estate.
2020-04-08 Extradition for execution of a sentence. Risk of persecution on the basis of gender – as well as on the basis of sexual orientation - constitutes an impediment to extradition pursuant to Section 7 of the Swedish Extradition Act.
2020-04-08 European arrest warrant. Prison conditions in Romania have not been deemed to constitute grounds to refuse surrender for execution of a sentence in an individual case when an assurance concerning the prison conditions has been provided.
2020-02-27 A Swedish court’s ruling on a Community law issue in contravention of a preliminary ruling obtained in the case may form the basis of relief for a substantive defect as manifestly inconsistent with a statutory provision.
2019
2019-07-11 Issue regarding responsibility and sanctions for rape or, in the alternative, negligent rape.