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Dismissal of an application for a summons

Ställd av Anonym
Dear Madam/Sir,

I’m the CEO of a Polish company (limited liability company, in Poland called: Sp. z o. o). In 2021 we entered into an “exclusive distribution agreement” with a Swedish aktiebolag.
The Swedish aktiebolag have committed a breach of contract, which has caused us financial damage.
The Swedish aktiebolag have refused to compensate us for the damage, which forced us to take legal action. The agreement has a clause which states: “Any dispute, controversy, or claim arising out of or in connection with this Agreement shall be settled by a Swedish court of general jurisdiction and the Stockholm District Court (Sw. Stockholms tingsrätt) shall be the court of first instance.” According to this clause, we have submitted an application for summons to the Stockholm District Court. The application is written in both Polish and English. We have now received a "föreläggande" from the court where they write that we must submit the application in Swedish language, or else they will dismiss the application. Can the Swedish court really demand that the application is written in the Swedish language when both Sweden and Poland are members in the EU? Should not at least English be accepted?

Svar

02 okt 2023

You have submitted an application for a summons (“stämningsansökan”) in an action amenable to out-of-court settlement (“dispositivt tvistemål”) in both Polish and English, and now question if the court can dismiss it if it is not written in Swedish and is not translated following an order.

 The language of the legal proceedings is Swedish, and documents submitted to the court shall consequently be in Swedish. An application for a summons should always be in Swedish. In certain cases, documents in languages other than Swedish may be accepted. It is the task of the court in each individual case to determine if, and the extent to which, deviations may occur from the general rule that the legal proceedings are to be conducted in Swedish. Frequently, then, certain types of documents (e.g. agreements, letters and other written evidence) in Danish or Norwegian should be accepted. Also, documents of this type in English should often be able to be accepted. Documents in languages other than these (for example Polish) should normally not be accepted.

 If you fail to obey the supplementation order to translate the application for a summons into Swedish, the application will be dismissed.

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