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Claim to set aside meeting decisions not accepted for proceedings: fee unpaid and translations missing

Viru Maakohus · First instance

Apartment association meetings and decisions

Claim to set aside meeting decisions not accepted for proceedings: fee unpaid and translations missing

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 — did not remedy the defects in the claim.; Defendant KÜ KANGELASTE 3 — organisation whose decisions were challenged.

How it started · editorial summary

The court refused to accept for proceedings OÜ Rosehill’s claim against the apartment association KANGELASTE 3 because the 300 euro state fee had not been paid and translations of evidence were missing.

The dispute and the court’s decision

On 14 August 2014, the company Rosehill applied to have the association’s meeting decisions of 15 May 2014 set aside. On 16 September, the court required defects in the claim to be remedied, allowing 14 days from receipt of the ruling to pay a 300 euro state fee and submit Estonian translations of the attached evidence. The ruling was received on 17 September and the deadline expired on 1 October. Neither the fee nor the translations were provided in time, although the applicant had been warned of the consequences. The court therefore refused to accept for proceedings the claim and ordered the application and attachments returned after the ruling entered into force. The lawfulness of the meeting decisions was not examined in this act. Costs were left entirely to the claimant. The ruling contains no specific costs award in favour of the association.

Outcome of this decision

Refuse to accept for proceedings OÜ Rosehill’s claim against the apartment association KANGELASTE 3 concerning the meeting decisions of 15 May 2014. Leave costs to the claimant; return the application and attachments after the ruling enters into force.
Translation of an anonymised, abridged excerpt from Estonian
2. Leave procedural costs to the claimant.