Joala 5: claim challenging enforcement left without examination because of the court fee

Failure to pay the remaining court fee instalments led to the claim being left without examination and the suspension of enforcement being lifted.

XX brought a claim against the apartment association Joala 5 to declare compulsory enforcement inadmissible. The court allowed the fee to be paid in instalments and later suspended enforcement as an interim measure. The remaining fee instalments were not received in time. The court left the claim unexamined and lifted the suspension. A ruling of 10 September 2015 provided for a court fee of 350 euros payable in instalments. XX submitted a payment of 150 euros: 100 euros for the claim and 50 euros for the application for interim relief. On checking receipts, the court found no payment of the remaining instalments. The claim, already accepted on 9 November 2015, was therefore not examined on its merits. The earlier measure suspending enforcement until the end of this case was lifted following the decision to leave the claim without examination. This is not a decision on whether the recovery itself was correct or confirmation that it was actually completed. Costs were imposed on XX; the court will determine their monetary amount separately after the ruling becomes final. It explained that the same claim could be brought again because it had not been decided on its merits.

Leave XX’s claim against the association to declare compulsory enforcement inadmissible without examination. Lift the interim measure suspending enforcement. XX bears costs, to be quantified in a separate ruling.