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Debt claim refused admission for lack of international jurisdiction

Viru Maakohus · First instance

Apartment association bills, payments and debtsDebt claims

Debt claim refused admission for lack of international jurisdiction

Court order · Viru Maakohus · First instance

KÜ Puškini 13 · 80121083

Entry into force has not been reverified

Participants and roles: Association — claimant; XX — defendant, owner

How it started · editorial summary

The dispute over building charges did not reach the merits because the court found an obstacle to international jurisdiction.

The dispute and the court’s decision

KÜ Puškini 13 (now — Narva linn, A. Puškini tn 13 korteriühistu). KÜ Puškini 13 sought unpaid management and utility charges from owner XX. Applying the Estonian-Russian legal assistance treaty cited in this order, the court noted that the defendant lived in Russia and had not given written consent to proceedings in Estonia. The association did not answer the court’s enquiry about sending translated documents through the competent Russian court. The court refused to admit the claim without deciding whether the debt existed.

Outcome of this decision

The claim was not admitted and the application and annexes are to be returned to the association, which bears all procedural costs. The fee may be refunded on the payer’s application.
Translation of an anonymised, abridged excerpt from Estonian
Return the statement of claim and its annexes to the claimant.

Acts in this case