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Kreenholmi 33: debt and separate bases for late-payment interest

Viru Maakohus · First instance

Apartment association bills, payments and debtsDebt claimsLate-payment interest and consequences of delay

Kreenholmi 33: debt and separate bases for late-payment interest

Judgment · Viru Maakohus · First instance

KÜ Kreenholmi 33 · 80175469

Entry into force has not been reverified

Participants and roles: claimant — KÜ Kreenholmi 33; defendant — owner XX

Editorial summary

Late-payment interest on principal and on litigation costs has different bases and starting points.

The dispute and the court’s decision

KÜ Kreenholmi 33 (now — Narva linn, Kreenholmi tn 33 korteriühistu). KÜ Kreenholmi 33 claimed management charges and late-payment interest from owner XX. No timely response followed service. The court allowed the claim by default, treating the association’s factual allegations as admitted and the claim as legally justified. The court awarded debt, accrued late-payment interest and costs of 235 euros. Under the operative part, further late-payment interest of 0.07% per day runs on the principal from 1 June 2016 until payment. Separate late-payment interest runs on unpaid costs from the judgment’s entry into force until payment, at the European Central Bank main refinancing rate applicable for each half-year plus eight percentage points annually. The bases and starting points differ. The judgment is immediately enforceable without security but does not establish payment.

Outcome of this decision

Debt, late-payment interest and costs were awarded by default; further late-payment interest on debt and costs runs separately.