Admission of a claim remitted for further efforts to locate and serve the defendant

The review concerned whether sufficient efforts to locate and serve the defendant preceded the refusal to admit the claim.

KÜ Puškini 13 (now — Narva linn, A. Puškini tn 13 korteriühistu). KÜ Puškini 13 challenged the refusal to admit its claim against XX for management and utility arrears. The first-instance court considered that proceedings could not take place in Estonia without the written consent of the defendant living abroad. Tartu Ringkonnakohus held that the defendant’s position on the place of proceedings remained unknown and reasonable ways of obtaining service information had not been exhausted. At the association’s request, the court could obtain property acquisition contracts containing contact details.

The appeal against the order was granted and the Viru Maakohus order of 14 June 2016 was set aside. The case was remitted for a fresh decision on admitting the claim; no debt was awarded and jurisdiction was not finally resolved. Costs are to be allocated in the final decision.