Kreenholmi 38: costs allocated to association after claimant waived the claim

The parties disputed when the claimant’s demand was satisfied; that determined who should bear costs.

The court accepted XX’s waiver of the claim against KÜ Kreenholmi 38 and terminated the case seeking a declaration of no debt. Costs were allocated to the association: it must pay the claimant 37,50 euros, and a further 37,50 euros in fees was ordered refunded from the budget after entry into force. The claimant applied on 3 April 2018 to challenge the charged debt. On 3 May, the claimant waived the claim because the demand had been satisfied and requested costs against the association. The association agreed to termination but insisted the dispute had been resolved before the claim was filed, so each should bear its own costs. The court disagreed. A March invoice attached to the claim still showed the disputed debt. It concluded that the association satisfied the demand immediately after the claim arrived. It also noted that the charging dispute had remained unresolved for more than a year since December 2016 while interest accrued. Seeking judicial protection was considered justified. The claimant paid a 75 euro fee. Due to waiver, the court ordered half refunded from the budget and awarded the other half against the association. There were no other proven costs. The ruling ended the case through waiver rather than a separate determination of the amount or absence of debt. Actual receipt of the awarded and refunded money is not confirmed.

Accept waiver and terminate proceedings. The association bears costs: award the claimant 37,50 euros against it, with a further 37,50 euros in fees refunded from the budget after entry into force.