Kangelaste 3: dispute over nullity of a meeting decision ended after waiver of the claim

The company waived its demand for a declaration that part of the meeting decision was void; the court concluded the case.

The court terminated OÜ Rosehill’s case against Korteriühistu Kangelaste 3 after the company waived its demand. The company had sought a declaration of partial nullity of the general meeting decision of 4 October 2017, meaning no legal effect for the challenged part from adoption. On 11 September 2018, the claimant applied to end the case and requested reimbursement of half the court fee. The association agreed to termination. The court accepted the waiver and ordered a refund to the company of 150 euros out of the 300-euro fee paid. This ruling does not disclose the substance of the challenged part or why the demand was waived. It did not establish nullity of the meeting decision. The court explained a different consequence of accepting the waiver: the same claimant cannot bring the same claim against the same defendant on the same grounds again.

Accept the waiver and terminate proceedings. Order a court fee refund of 150 euros to OÜ Rosehill.