Suspended debt dispute ended by an agreement to waive the claim
KÜ Kangelaste 3 · 80162521
Participants and roles: Claimant KÜ Kangelaste 3 — waived the claim in the agreement.; Defendant XX — supported the waiver.
Editorial summary
The court resumed the apartment association Kangelaste 3’s case against defendant XX, approved the agreement and terminated the proceedings.
The dispute and the court’s decision
The proceedings on the association’s debt claim had been suspended at the parties’ request by a ruling of 7 April 2014. On 9 September, they requested termination of the case on settlement terms.
The association waived its claim and the defendant supported the waiver. The parties confirmed that they had no mutual claims concerning the subject matter of this case and that each would bear its own costs. The court found the agreement lawful, enforceable and compatible with the public interest. It resumed the proceedings to approve the agreement and then terminated them.
The court ordered a refund to the association of 239,67 euros*, half the state fee paid of 479,33 euros, after the ruling entered into force. The ruling contains no independent finding on the merits of the original debt claim. Performance of the refund is not confirmed.
Outcome of this decision
Resume the proceedings, approve the agreement on waiver of the claim and the absence of mutual claims, and terminate the case. Leave each party to bear its own costs; refund the association 239,67 euros* in state fees after the ruling enters into force.