NARV-KESKRING: waiver accepted after payment; court fee and costs allocated

The case ended after payment; XX must reimburse part of the court fee and legal assistance, while the remaining half of the fee is refunded to the association.

On 9 March 2017, the apartment association NARV-KESKRING (now – Narva linn, P. Kerese tn 2 korteriühistu) waived its claim against XX, reporting that the defendant had repaid the debt. The court accepted the waiver and terminated proceedings. The principal was not awarded again and its amount is not given in the ruling. As the demand was met after the claim was filed, costs were imposed on XX. The association was awarded 62,50 euros, half the court fee paid, and 63 euros for legal assistance. The court ordered the other half of the fee, also 62,50 euros, to be refunded to the association after the ruling becomes final. These are different payments: one is payable by the defendant; the other is refunded from the fee paid to the court. The court explained that, following termination, the association may not bring another claim against the same defendant with the same subject matter and grounds.

Accept the waiver and terminate proceedings. Award the association 62,50 euros in court fees and 63 euros for legal assistance against XX. A further 62,50 euros of the court fee paid is to be refunded to the association after the ruling becomes final.