Association waived its claim after debt payment; court awarded part of the costs

The court ended the case after the association waived its claim because the debt had been paid. It awarded 137,50 euros* in costs jointly and severally against two defendants.

The court accepted the apartment association Tallinna mnt 42’s waiver of its claim against two defendants XX and terminated proceedings. The waiver followed payment of the claimed debt after the association went to court. The defendants did not object. The court found the waiver permissible and explained that the same claim against the same defendants on the same grounds could not be brought again. As payment after filing caused the waiver, litigation costs were imposed on the defendants. They are jointly and severally liable: the association may seek the awarded sum from both together or either one within the overall total. The court awarded the association 137,50 euros*, half the fee paid for the payment order application and transition to ordinary civil proceedings. The other costs claimed were not considered necessary and justified. In particular, the association participated without a contractual representative, so expenses for drafting the claim, consultation and signing the agreement were not accepted; bank charges and separate payment order costs were also not awarded. The court fee refund question was left for a separate ruling after this ruling becomes final. The ruling itself does not confirm payment of the awarded litigation costs.

Terminate proceedings following waiver of the claim. Award 137,50 euros* in litigation costs jointly and severally against the defendants; the court fee refund is to be decided separately.