Puškini 19: withdrawal of part of the late-payment interest claim and recovery of principal

After the association withdrew part of its late-payment interest claim, the court terminated that part, awarded principal and ordered continuing late-payment interest.

Puškini tn üheksateist KÜ (now — Narva linn, A. Puškini tn 19 korteriühistu) brought a management-cost claim against XX. The claimant withdrew claims for previously accrued late-payment interest and late-payment interest for the following period up to the judgment date; the court terminated that part of the proceedings. This was termination following withdrawal, not dismissal after a merits assessment. The remaining claim was granted: management-cost principal and late-payment interest of 0.07% per day on unpaid principal from 08.10.2015 until full payment were awarded. All procedural costs were imposed on XX; the association was awarded 1063 euros in costs. Actual performance is not established. The case was decided in simplified proceedings. The court did not grant permission to appeal, but explained that an appeal may be admitted for clear and material errors of law, procedure or assessment of evidence. An intention to appeal a judgment lacking a descriptive section and reasoning must be notified in writing to Viru Maakohus within 10 days after service of the operative part. The court would then supplement the judgment, with the 30-day appeal period starting upon service of the full supplementary judgment. No such supplementary act is established by this source.

Proceedings on the withdrawn late-payment interest claims were terminated. Management-cost principal was awarded, with late-payment interest of 0.07% per day on its unpaid balance from 08.10.2015 until payment. Costs of 1063 euros were awarded. An appeal is not unconditionally excluded, but the court did not grant permission.