Sweden

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Marketing Practises Act (2008:486)

28 §, 47 §, 48 §, 49 § 28 § In cases of minor importance, the Consumer Ombudsman may issue orders concerning: injunctions as referred to in section 23 (cease and desist orders); orders as referred to in section 15 (information orders); or orders as referred to in section 25. The orders shall be issued in conjunction with a conditional fine. In order to be valid, an information order must be accepted by the trader immediately or within a specific period of time. If the order has been accepted, it shall apply as if it were a final judgment of a court. An acceptance after the designated time is not valid. 47 § Proceedings for an injunction or order pursuant to sections 23, 24 or 25 shall be brought in the Market Court. However, proceedings for an injunction or order shall be brought in the Stockholm District Court where the same plaintiff, or another plaintiff in consultation with such plaintiff, concurrently commences proceedings for the imposition of a fine for disruptive marketing practices pursuant to section 29 or for damages pursuant to section 37 on the basis of the marketing practice. Proceedings in respect of an order or injunction may be commenced by: the Consumer Ombudsman; the trader affected by the marketing practices; or an organisation of consumers, traders or employees. 48 § Proceedings concerning a fine for disruptive marketing practices pursuant to section 29 shall be commenced by the Consumer Ombudsman in the Stockholm District Court. If the Consumer Ombudsman decides in a particular case not to commence proceedings for the imposition of a fine for disruptive marketing practices, an individual trader affected by the marketing practice and an organisation of traders may commence such proceedings. Orders concerning a statutory restraining order pursuant to section 36 shall be issued by the court before which proceedings were commenced for disruptive marketing practices are pending. If proceedings have not yet been commenced, the provisions of the first paragraph shall apply with respect to the jurisdiction of the court. 49 § Proceedings for imposition of conditional fines which have been ordered on the basis of this Act shall be commenced in a district court which has jurisdiction pursuant to Chapter 10 of the Code of Judicial Procedure. Such proceedings may, under any circumstances, be commenced in the Stockholm District Court. Proceedings may be commenced by the person who sought issue of a conditional fine and by the Consumer Ombudsman.