Puškini 20: proceedings terminated after two organisations waived their challenge to general meeting decisions

After filing the claim, the representatives of two companies formalised a waiver of the claim on behalf of the organisations themselves; the court considered this corrected statement.

OÜ Esteetilise Meditsiini Keskus Gratsija and UÜ Prospekt-Media brought a claim against the apartment association Puškini 20 seeking to invalidate general meeting decisions. At an early stage, their legal representatives submitted statements in their own names asking to discontinue the claims. The court asked them to express that intention on behalf of the claimant organisations. The corrected statements arrived on 27 February 2012. The court treated them as waiver of the claim, accepted it and terminated the proceedings by an order of 28 February 2012 without deciding the complaints about the meeting on their merits. The order did not examine the circumstances of the decisions or the grounds for challenging them and therefore does not confirm that the association’s decisions were lawful. The court did not send the statement to the defendant for a separate response, citing the early stage of proceedings and the absence of any infringement of the defendant’s rights from termination. It explained that, following waiver of the claim, a new claim against the same defendant with the same subject matter and grounds could not be brought. The operative part neither allocates litigation costs nor sets a monetary amount for them. The copy’s finality stamp does not establish that no subsequent procedural steps occurred.

Terminate proceedings on the claim by OÜ Esteetilise Meditsiini Keskus Gratsija and UÜ Prospekt-Media against the apartment association Puškini 20 challenging general meeting decisions, following waiver of the claim. The operative part contains no separate costs decision.