Daumani 12: application to set aside a meeting decision refused admission because defects remained

The fee was paid, but details of all necessary participants and other defects in the application were not corrected.

The court refused to admit XX’s application to set aside KORTERIÜHISTU DAUMANI 12’s general meeting decision of 1 February 2018. Assistance with court fees and temporary suspension of the meeting decision were also refused. The act did not examine the decision’s validity on the merits. XX alleged that the meeting lacked the required composition for decision-making. Its decisions included resuming court proceedings against XX. XX asked for the decision to be set aside, suspended pending the dispute, and for exemption from the fee. The ruling does not describe objections from the association. The court had earlier required defects in the claim to be remedied and explained that this question must be addressed by application in special non-contentious proceedings. The documents did not identify all affected persons. The court required a proper application and payment of 50 euros, or clarification of the assistance request. On 16 April, XX provided proof of paying 50 euros but did not remedy the other defects. The court therefore found that the application did not allow consideration with all necessary persons and refused admission. The interim protection request also remained unclarified and its separate 50 euro fee unpaid. The court refused it too. Fee assistance was not granted because, after refusal to admit the main application, no procedural action requiring a fee remained. The applicant’s own costs were left to the applicant; no sums were reimbursable to other participants. The court explained the right to request refund of the fee separately, but did not order repayment in the operative part.

Refuse to admit the application to set aside the meeting decision. Refuse procedural assistance and interim protection. The applicant bears costs; no sums are reimbursable to other participants.