Collective actions are not very common in Sweden. Since 2003 it has been estimated that 30 collective actions have been initiated.
Collective actions can be initiated by a legal or physical person, by a non-profit association with either consumer or employee interests, or by a competent authority. A legal entity must meet certain criteria to be approved to initiate collective actions, including being non-profit, independent, and having operated for at least twelve months.
Opt-out system.
Punitive damages are not available.
Actions can only be brought by bodies that fall within specific criteria. Cross-border actions are allowed for entities approved by the European Commission.
Third party funding is permitted, and the new law allows approved entities to require a share of the awarded amount to go to the funder.
Litigation funding for collective actions is allowed, with specific provisions for third-party funding.
Approved entities must inform the public about collective actions on their website or in a similar manner.
Settlement is binding if approved by the court. Consumers will be bound if they are part of the group.
There are ways to retrieve what has been awarded if there has been non-compliance through usual court procedures.
The Collective Redress Directive must be implemented in all EU member states by 25 December 2022. To find out more about the current progress of implementation of the Directive in this jurisdiction click here.