Rakvere tn 87: discontinuance of a dispute over meeting resolutions

Withdrawal ended the dispute over changing the board; the association’s costs were reduced.

Applicant XX challenged resolutions of the general meeting of Narva linn, Rakvere tn 87 korteriühistu, including removal and election of the board. The applicant sought a declaration of nullity or invalidation and interim protection. Interim protection had previously been refused. Before the hearing, the applicant withdrew the main application. The court accepted withdrawal and discontinued the case without deciding the legality of the meeting resolutions on the merits. A new application between the same participants on the same grounds and subject matter is precluded. Costs were placed on the applicant, but the association received 225 euros rather than the 600.10 euros claimed. The representative’s hourly rate was reasonable; necessary time was reduced from four hours to one and a half: the case was simple, the representative took no procedural steps and the hearing was cancelled in good time. Half the main application fee, 25 euros, is refunded; the fee for the already decided interim application is not. Other costs remain with the participants.

The case was discontinued on withdrawal without a merits finding on the resolutions. The association was awarded 225 euros in costs.