Skip to decisions
Žuk — ANTON и JELENA
Back to decisions

Puškini tn 19 and OÜ Procedendo: settlement for 227,82 euros excluding September services

Viru Maakohus · First instance

Apartment association bills, payments and debtsDebt claims

Puškini tn 19 and OÜ Procedendo: settlement for 227,82 euros excluding September services

Order approving a settlement · Viru Maakohus · First instance

KÜ Puškini tn 19 · OÜ Procedendo · 80054978 · 11549574

Entry into force has not been reverified

Participants and roles: claimant – KÜ Puškini tn 19; defendant – OÜ Procedendo; claimant’s representative XX; defendant’s representatives XX

Editorial summary

On the hearing date, the association and OÜ Procedendo agreed on payment of arrears and waiver of other claims, with a specific exception for September 2012 services.

The dispute and the court’s decision

The apartment association Puškini tn 19 claimed arrears from OÜ Procedendo for services related to apartment ownership. At the hearing on 28 September 2012, the parties signed a settlement and asked the court to approve it and terminate proceedings. The order does not contain detailed initial calculations or separate objections from the defendant. The defendant undertook to pay 227,82 euros within two days after the order became final. The agreement covered the services dispute for the period before the date specified in it. Under the agreement, once that payment was made, the association would confirm that it had no other claims and waive potential existing and future claims, while expressly retaining claims for September 2012 services. The agreement therefore does not extinguish obligations for September 2012 services. The parties agreed that they had no mutual claims concerning the proceedings being concluded and would each bear their own litigation costs. They confirmed that they understood the consequences of termination and waived the right to appeal the order. The court found the agreement consistent with their intentions and interests, approved its terms and terminated proceedings. At the association’s request, the court ordered reimbursement of 127,82 euros, half of the 255,64-euro court fee. This is a different amount from the defendant’s payment and is not included in it. The copy bears a finality stamp dated 28 September 2012; the order records the defendant’s obligation to pay but does not itself prove receipt of funds or fulfilment of the condition for waiving the remaining claims.

Outcome of this decision

Approve the settlement and terminate proceedings. OÜ Procedendo is to pay the association 227,82 euros within two days after the order becomes final; after payment the association’s waiver of other claims applies, except for claims for September 2012 services. Each party bears its own costs. Reimburse the association 127,82 euros, half of the court fee; the parties waived an appeal.