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Two claimants waived their challenge to meeting decisions; a fee refund was ordered only for the company

Viru Maakohus · First instance

Apartment association meetings and decisions

Two claimants waived their challenge to meeting decisions; a fee refund was ordered only for the company

Ruling · Viru Maakohus · First instance

OÜ Rosehill · KÜ Kangelaste 3 · 10972543 · 80162521

Entry into force has not been reverified

Participants and roles: Claimant OÜ Rosehill – company that paid the court fee.; Claimant XX – participant in the joined proceedings.; Defendant KÜ Kangelaste 3 – supported the waiver.

How it started · editorial summary

The court approved the agreement between OÜ Rosehill, claimant XX and the apartment association Kangelaste 3 and terminated proceedings concerning the meeting decisions of 28 May 2013.

The dispute and the court’s decision

The company Rosehill and individual XX challenged decisions of the association’s meeting. Their claims initially had different case numbers and were joined on 31 March 2014 in proceedings 2-13-39622. On 9 September, the parties submitted an agreement to end the dispute. Both claimants waived their claims and the association supported the waiver. The parties confirmed that they had no mutual claims in this case and agreed to bear their own costs. The court considered the terms lawful, enforceable and consistent with the public interest, approved the agreement and terminated proceedings. This ruling did not invalidate the meeting decisions. Rosehill was awarded a refund of 125 euros, half its 250-euro court fee, once the ruling became final. Claimant XX had previously been exempted from the fee, so XX’s refund request was refused. Separately, claimant XX was released from paying 250 euros* in costs to the state budget. The source does not establish that the money was actually transferred to the company.

Outcome of this decision

Approve the agreement on both claimants’ waiver of their claims and terminate proceedings. Each party bears its own costs. Refund Rosehill 125 euros in court fees after the ruling becomes final; refuse XX’s refund request and release XX from paying 250 euros* in costs to the state budget.
Translation of an anonymised, abridged excerpt from Estonian
1.3. The parties shall bear their own litigation costs.

Acts in this case