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Company and second claimant ended their meeting dispute by an agreed waiver of the claim

Viru Maakohus · First instance

Apartment association meetings and decisions

Company and second claimant ended their meeting dispute by an agreed waiver of the claim

Ruling · Viru Maakohus · First instance

OÜ Rosehill · KÜ KANGELASTE 3 · 10972543 · 80162521

Entry into force has not been reverified

Participants and roles: Claimant OÜ Rosehill – company.; Claimant XX – second person bringing the claim.; Defendant KÜ KANGELASTE 3 – supported the agreed waiver.

How it started · editorial summary

The court approved the agreement between OÜ Rosehill, claimant XX and the apartment association KANGELASTE 3 and terminated the dispute over meeting decisions of 28 May 2012.

The dispute and the court’s decision

The company Rosehill and individual XX sought a declaration that the association’s meeting decisions of 28 May 2012 were void, meaning they had no legal effect from adoption. The parties then agreed to end the case and submitted a request to that effect on 9 September 2014. Both claimants waived the claim and the association supported the waiver. The participants confirmed that they had no mutual claims in this case and agreed to bear their own costs. The court considered the agreement lawful, enforceable and consistent with the public interest, approved it and terminated proceedings. The ruling contains no independent finding of nullity concerning the meeting. A refund of 150 euros, half the total court fee of 300 euros, was ordered, payable once the ruling became final. At the claimants’ request, this amount is to be transferred to Rosehill. An actual refund is not confirmed.

Outcome of this decision

Approve the agreement on both claimants’ waiver of the claim, absence of mutual claims and each party bearing its own costs. Terminate the case; refund 150 euros in court fees to Rosehill’s account after the ruling becomes final.
Translation of an anonymised, abridged excerpt from Estonian
1.3. The parties shall bear their own litigation costs.