Tallinna 17: the initial dismissal for missing translations was later partly reversed

The county court dismissed the claims for missing translations. The circuit court later upheld the 2005 part but remitted the part concerning the 2009 decisions.

OÜ Eipaste challenged decisions of Korteriühistu Tallinna 17. It sought a declaration that the decision of 23 April 2005 was void and sought to set aside decisions of 18 October and 28 December 2009. The claims were heard together. The association admitted neither the claims nor their alleged factual basis. The court dismissed all claims because the admissible evidence was insufficient. Important documents, including meeting minutes, had been supplied in Russian without the required Estonian translations. No translations were provided despite explanations, deadlines and representatives’ promises. The court disregarded those documents. After repeated adjournments, the case was decided in writing. The parties had an opportunity to provide further documents and request a personal hearing but did not use it. The remaining materials did not establish the facts underlying the claims. This was a dismissal for lack of proof, not a separate finding that the substance of every meeting decision was lawful. Initially, all costs were allocated to OÜ Eipaste without fixing an amount. On 2 May 2013, Tartu Ringkonnakohus upheld dismissal concerning the 2005 meeting decision but set aside dismissal concerning the two 2009 decisions and remitted that part from the preliminary stage. The later judgment explains that the 2009 dispute involved vacating a common basement and the necessary agreement between co-owners, matters for the county court to establish. The initial full dismissal therefore did not survive in its entirety. The result of the fresh proceedings is not established here.

The initial full dismissal was partly reversed on 2 May 2013. Dismissal concerning the 2005 decision was upheld; the claims concerning the two 2009 decisions were remitted from the preliminary stage. Their new outcome and actual enforcement are not established here.