Retraction claim: association not found to be the publisher
Editorial summary
The claimant sought a retraction from the association of statements in owners’ submission to a court. The circuit court set aside the earlier judgment and dismissed the claim against the association without confirming the truth of the disputed statements.
Narva linn, Suur tn 5 korteriühistu · 80121568
Participants and roles
- Defendant and appellant — Narva linn, Suur tn 5 korteriühistu
- Claimant — XX
The dispute and the court’s decision
The claimant XX sought an order requiring KÜ Suur Viis Narva, now Narva linn, Suur tn 5 korteriühistu to send members a retraction of statements in owners’ submission to a court. The county court granted the claim. The association appealed, arguing that the submission came from individual owners.
The circuit court found that the association was the wrong defendant for this claim. An association and its members are separate participants in legal relations. The association’s right to represent common interests does not turn every submission signed by owners into its own statement. The court found no evidence that the association itself had published the disputed information.
The court additionally held that the particular submission related to a specific court case and, in these circumstances, was not communication to a third party within the meaning of the provision applied. That conclusion does not confirm the truth of the disputed statements.
Viru Maakohus’s judgment of 25 September 2013 was set aside and replaced with dismissal of the claim against the association. The claimant bears costs in both instances.
Outcome of this decision
The association’s appeal was allowed, the earlier judgment was set aside and the retraction claim was dismissed. The claimant bears costs in both instances; this outcome does not establish the truth of the disputed statements.