I. Grafovi tn 6: apartment sale claim left unexamined; costs of self-representation not awarded

The association withdrew its compulsory apartment sale claim. The court did not examine the merits and refused to compensate defendant XX for time spent preparing a personal defence.

The apartment association Narva linn, I. Grafovi tn 6 withdrew its claim to require defendant XX to sell apartment ownerships. The court left the claim unexamined and did not award the defendant the requested 500 euros for preparing a defence personally. The association asked to end the case without examining its demands. The defendant did not object but sought compensation for studying the claim and legislation, analysing materials, consultations, drafting a response and translation. The calculation was based on the price of legal services. The association disputed whether the costs were justified and proved. The court applied the rules on withdrawal: after such a statement by the claimant, the demands remain unexamined. This ruling did not examine the grounds for compulsory disposal of the apartments. On costs, the court established that the defendant participated personally. The defendant signed the documents, and there was no power of attorney or evidence of a procedural representative’s involvement. The claimed value of the defendant’s own time studying law and preparing documents was not reimbursable representative’s costs. The ruling of 9 August 2023 refused reimbursement of 500 euros and left each participant to bear their own costs. Withdrawal was not treated as a decision on whether grounds for sale existed. The refusal of costs concerns the nature of the expenses actually claimed and the established personal participation.

Leave the association’s claim against defendant XX for disposal of apartment ownerships unexamined. Each party bears its own costs; the defendant’s request for 500 euros was not granted.