Electricity disconnection: contractual non-pecuniary damages were refused
Editorial summary
The circuit court set aside XX’s 5000-kroon non-pecuniary award following electricity disconnection. The necessary conditions for contractual compensation were absent; the court did not thereby declare the disconnection lawful.
Korteriühistu XXX
Participants and roles
- XX — claimant and apartment owner
- association with its name withheld — defendant and appellant
The dispute and the court’s decision
XX sought 15,000 kroons in non-pecuniary damages from the association whose name is withheld in the source after the apartment’s electricity supply was cut off. XX relied on a service agreement requiring the association to provide electricity and on resulting restrictions to daily life. The association disputed the claim, citing arrears and its own decisions among other arguments. The county court awarded XX 5000 kroons on 10 August 2009, and the association appealed.
The circuit court explained that the claim relied on an alleged breach of contract and therefore required assessment under contractual liability rules, rather than automatic application of non-contractual tort rules. Non-pecuniary compensation required an obligation protecting the relevant non-pecuniary interest and foreseeability of that harm to the debtor. XX had not proved that the disputed agreement required the association to protect against that kind of harm. No claim for pecuniary loss had been brought in these proceedings.
The association’s appeal was allowed, the 5000-kroon award set aside and the non-pecuniary claim dismissed. The court did not assess disputed allegations about actual domestic hardship or residence, having already found no legal basis for this claim. Refusal of compensation does not confer general permission on associations to disconnect electricity. XX was ordered to reimburse the association’s 1000-kroon appeal fee and remained responsible for their own costs. Subsequent appeals, entry into force and enforcement have not been reverified.
Outcome of this decision
The association’s appeal was allowed, the 5000-kroon award set aside and non-pecuniary damages refused. XX must reimburse the association’s 1000-kroon appeal fee.