Bilingual articles: refusal to register amendments upheld
Editorial summary
The association sought registration of amendments using articles in Estonian and Russian. The circuit court upheld the refusal: describing Estonian as the primary language did not remedy the defects in the submitted documents.
KERESE 15 NARVA KORTERIÜHISTU · 80218285
Participants and roles
- Applicant and appellant — KERESE 15 NARVA KORTERIÜHISTU
The dispute and the court’s decision
KERESE 15 NARVA KORTERIÜHISTU sought registration of changes to its address, restrictions on board members’ representation rights, financial-year details and articles of association. The registrar required compliant articles: the submitted text was bilingual, and the name in it differed from the registered name and lacked the full apartment-association designation. A bilingual text was submitted again within the deadline, and Harju Maakohus refused registration.
The association appealed, relying on adoption by the general meeting, the primacy of the Estonian text, earlier registrations of similar documents and a registry secretary’s favourable opinion.
Tallinna Ringkonnakohus upheld the refusal. In this case, it explained that the register was maintained in Estonian and documents had to be submitted in Estonian or with a proper official translation; submitting one document in two languages did not meet those requirements. Possible earlier incorrect practice did not oblige the registrar to repeat it. A secretary’s opinion likewise did not bind the assistant judge or judge authorised to decide the application.
The association bears the costs of both courts. The order provided for an appeal to Riigikohus within 15 days of receiving a copy. Entry into force has not been reverified.
Outcome of this decision
The association’s appeal was dismissed and Harju Maakohus’s refusal of 27 May 2014 to register the amendments was upheld. The association bears the costs of both instances.