Separate act page
Joala tn 11: appeal settlement with contractor approved in place of earlier judgment
Ruling · Tartu Ringkonnakohus · Appeal
Narva linn, Joala tn 11 korteriühistu · Katuse ABC OÜ · 80189885 · 11336757
Entry into force has not been reverified
Participants and roles: claimant and respondent on appeal – Katuse ABC OÜ; defendant and appellant – Narva linn, Joala tn 11 korteriühistu; organisations’ representatives XX
How it started · editorial summary
The appeal court replaced the dispute’s earlier result with a settlement between association and contractor. The association undertook to pay 3 356,20 euros and proceedings ended.
The dispute and the court’s decision
The apartment association Narva linn, Joala tn 11 and Katuse ABC OÜ settled their works-contract payment dispute on appeal. The circuit court set aside the first-instance judgment, approved payment of 3 356,20 euros under a settlement and terminated proceedings.
The contractor sought payment for works and late-payment interest. Viru Maakohus had previously granted the claim, awarding 2 556,20 euros in contractual fees, accrued interest and continuing interest of 0,05% per day. The association appealed, seeking dismissal and costs against the contractor. This ruling does not set out its objections’ detailed grounds.
Before the appeal was decided, the parties submitted an agreement. The association undertook to pay the contractor 3 356,20 euros within five working days after it enters into force. Delay entails a contractual penalty of 0,03% of that sum for each day. This is a new settlement term and must not be confused with interest under the judgment set aside.
The court checked that the agreement was enforceable and consistent with law, good morals and substantial public interest. It replaced wording on waiver of remaining claims with confirmation that only demands under the approved agreement remain in this case. The dispute thus ended by agreement, rather than an independent waiver of the contractor’s claim.
Each party bears its own costs. The court ordered a refund to the association of 210 euros, half the appeal fee. Fees for earlier stages were not refunded because the settlement was reached on appeal. The parties waived appeal against the ruling, and the court stated that no appeal was permitted. The document does not confirm actual payment of the agreed sum.
Outcome of this decision
Set aside the Viru Maakohus judgment of 27.06.2022, approve the settlement and terminate proceedings. The association pays Katuse ABC OÜ 3 356,20 euros within five working days after the agreement enters into force; delay entails a daily contractual penalty of 0,03% of that amount. Each bears its own costs. No demands remain in this case except those under the agreement. Refund the association 210 euros of the appeal fee.
Translation of an anonymised, abridged excerpt from Estonian
1.3. The parties shall bear their own litigation costs.