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Debt recalculated after the case was remitted

Editorial summary

After an earlier judgment was reversed, the court checked the charges again and awarded principal of 811.54 euros and interest of 138.91* euros. This is the new judgment after remittal, rather than the award previously reversed on appeal.

Judgment · Viru Maakohus · First instance

Narva linn, Koidula tn 7 korteriühistu · 80175570

Apartment association bills, payments and debtsDebt claimsBills and justification of chargesLate-payment interest and consequences of delayHeatingCalculation and allocation of heating chargesRepairs and shared propertyOrganisation and funding of repairs
Participants and roles
  • Narva linn, Koidula tn 7 korteriühistu — claimant, named KÜ Koidula-Maja N in the source
  • XX — defendant and apartment owner

The dispute and the court’s decision

KÜ Koidula-Maja N, now Narva linn, Koidula tn 7 korteriühistu, claimed management and service arrears from XX. On 21 February 2011 the circuit court had reversed the judgment of 21 December 2010 for inadequate examination of evidence and remitted the case. The present judgment followed that fresh consideration. XX disputed heating allocation where some premises used separate heating, repair-loan contributions, gas-equipment servicing and the treatment of earlier payments and interest. The court accepted the heating-allocation method under the articles and an unchallenged meeting decision, while correcting a specific monetary error. It also checked the loan contribution and accepted the per-apartment gas-servicing charge based on meeting decisions. The revised calculation removed a previously included state fee and interest embedded in principal; the association withdrew its September 2009 claim. The court did not accept proof of the larger credit balance alleged by XX. Payments credited against earlier debt could not simultaneously discharge a later period. On 11 November 2011 the award was principal of 811.54 euros as at 31 August 2009 and interest of 138.91* euros as at 30 September 2009, with costs against XX. A confirmed source annotation records refusal to admit the appeal on 15 February 2012 and historical entry into force on 13 March 2012. The earlier 2011 appeal did not reverse this new judgment. Present status and actual performance have not been separately reverified.

Outcome of this decision

Following remittal, the court awarded 811.54 euros in principal and 138.91* euros in interest, with costs against XX. The source records later refusal to admit an appeal and historical entry into force on 13 March 2012.

Entry into force has not been reverified

Case history