Puškini 25 v OÜ LAHKUS: waiver of the claim accepted following an out-of-court agreement

After bringing a monetary claim, the association reported an out-of-court settlement; the court treated its request to end the dispute as waiver of the claim.

The apartment association Puškini 25 brought a claim against OÜ LAHKUS for 14 389,34 kroons. The association later reported that the parties had reached a compromise, that it no longer had any claims against the defendant, and asked the court to leave the case without examination. The court explained the consequences of waiving a claim and assessed the application according to its substance. By its order of 15 February 2010, the court specifically accepted waiver of the claim and terminated the proceedings. It did not approve the detailed terms of the out-of-court agreement as a judicial settlement or award the debt claimed. The act contains no specific payment deadlines or confirmation of payment. The defendant did not seek reimbursement of its costs from the association. In view of the absence of further claims and the agreement reached, the court left each party to bear its own costs and set no amount of mutual reimbursement. Although the claimant had asked for the case to be left without examination, the court treated its application as waiver of the claim and terminated the proceedings.

Accept the apartment association Puškini 25’s waiver of its claim against OÜ LAHKUS for 14 389,34 kroons and terminate the proceedings. Send a copy of the order to the parties and leave each party to bear its own costs.