In “The Online Casino” (sv. Nätkasinot) Case, the Supreme Court expands the scope of Section 33 of the Swedish Contracts Act

On 1 July 2025, the Swedish Supreme Court delivered its judgment in case T 607-24 (“The Online Casino”), expanding the application of Section 33 of the Swedish Contracts Act (sv. Avtalslagen (1915:218)) – a provision that has historically been extremely difficult to successfully invoke in Swedish legal practice. This judgment opens the door for restitution of performances under civil law contracts where one party is significantly weaker than the other, and the stronger party is aware of circumstances making it unconscionable to enforce the contract against the weaker party. The responsibility thus rests with the stronger party to ensure that a contracting party with a known vulnerability is not exploited. This development is likely to result in an increase in claims of unconscionability and restitution of performances under Sections 30–36 of the Contracts Act. Please read our summary of the case, Netcasino