Linda 1: new claim to perform an already approved agreement refused

The agreement was already binding on the parties; the claimant did not clarify the legal basis for a new claim even after an extension of time.

OÜ Roburink, in liquidation, sought an order requiring the apartment association Linda 1 to perform clause 1.2 of an agreement previously approved by the court. The court refused to accept the claim for proceedings and returned the application with its attachments. This ruling did not determine on the merits whether the agreement had been performed or breached. The court noted that the agreement had been approved by a ruling of 6 June 2013 which was final and already binding on the parties. An additional demand for an order to perform the same terms therefore required explanation of an independent legal basis. The claimant was asked to clarify that basis or amend the demand and supply the full new statement of claim. Initially, 14 days were allowed for corrections after service of the ruling of 14 June 2016; it was received on 20 June. At the claimant’s requests, the deadline was extended to 12 August, but neither explanations nor a corrected claim arrived. The court considered the chosen demand to have no prospect of success in that form. Costs were left with the claimant. The court explained the possibility of seeking a court fee refund by a separate application; this ruling ordered no specific refund amount.

Refuse to accept for proceedings OÜ Roburink’s claim seeking an order to perform the agreement; return the application and attachments. The claimant bears costs.