Association waived its claim against Ekstranar after payment

The court accepted the apartment association Joala 10/12’s waiver of its claim against TÜ Ekstranar, terminated the case and ordered a refund of 175 euros in state fees.

The association filed a debt claim on 10 June 2014. On 22 September it asked for the case to be terminated, reporting that the defendant had paid the debt. The claimant did not seek reimbursement of its own costs, but asked that the defendant bear its own costs and that half the state fee be refunded. The court asked Ekstranar for its views and warned that no response would be treated as an absence of objections. The request was received on 17 November 2014, but no reply arrived within the deadline. The court accepted the waiver as lawful and compatible with the public interest and terminated the proceedings. Costs were left to the defendant, but no specific sums were awarded to the association, which had not sought reimbursement. A refund to the association from the budget of 175 euros, half the 350 euro state fee paid on filing, was ordered, payable once the ruling entered into force. The court explained the prohibition on bringing the same claim against the same defendant on the same grounds again.

Accept the apartment association Joala 10/12’s waiver of its claim against TÜ Ekstranar and terminate the case. Leave costs to the defendant without awarding the association any specific sums. Refund the claimant 175 euros in state fees after the ruling enters into force.