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Compensation for electricity disconnection refused

Editorial summary

Sole proprietor XX’s claim for 38.11 euros following electricity disconnection was dismissed. The court found no unlawful conduct by the association and regarded the loss as unproved; it awarded the association 145 euros in legal costs.

Judgment · Viru Maakohus Narva kohtumaja · First instance

Narva linn, A. Puškini tn 45a korteriühistu · 80250416

Damage and insuranceAmount of compensationCause and proof of damageApartment association meetings and decisionsContracts and servicesBuilding services
Participants and roles
  • Claimant — individual sole proprietor XX
  • Defendant — Narva linn, A. Puškini tn 45a korteriühistu

The dispute and the court’s decision

Individual sole proprietor XX, owner of non-residential premises, claimed 38.11 euros from Narva linn, A. Puškini tn 45a korteriühistu, named in the source as KÜ Puškini 45A: 10.77 euros for food and 27.34 euros in lost income following electricity disconnection on 3 May 2012. The claimant regarded the disconnection as unlawful. The association relied on a warning, debt and a general meeting decision, and disputed proof of loss. On the facts of this case, the court regarded the unchallenged general meeting decision of 11 August 2010 as binding and found its debt threshold exceeded. It found no unlawful interference with the claimant’s rights. Additionally, the claimant had not proved the amount of loss or causation between disconnection and food spoilage or lost income. The entire claim was dismissed. The claimant must reimburse the association 145 euros in legal costs and bear their own costs. This conclusion concerns the particular dispute and is not general permission to disconnect electricity for any debt. Subsequent appeals have not been checked.

Outcome of this decision

The 38.11-euro compensation claim was dismissed; the claimant must reimburse 145 euros in legal costs to the association.

Entry into force has not been reverified