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Tallinna mnt 21: appeal over 75 euros in litigation costs not accepted for proceedings

Tartu Ringkonnakohus · Appeal

Apartment association bills, payments and debtsDebt claims

Tallinna mnt 21: appeal over 75 euros in litigation costs not accepted for proceedings

Ruling · Tartu Ringkonnakohus · Appeal

Korteriühistu Tallinna mnt 21 Narva · 800228928

Entry into force has not been reverified

Participants and roles: Claimant and appellant – Korteriühistu Tallinna mnt 21 Narva; Defendant XX; Association representatives XX

Editorial summary

The association challenged only the failure to reimburse a 75-euro fee; the court applied the monetary threshold for a costs appeal.

The dispute and the court’s decision

Tartu Ringkonnakohus refused to accept the appeal by the apartment association Tallinna mnt 21 Narva against the costs part of a default judgment. The association challenged the failure to reimburse 75 euros in court fees paid. The principal debt was not reviewed in this appeal. The association argued that the county court had incorrectly stated that there were no costs to quantify even though the fee had been paid. It asked for those 75 euros to be awarded against defendant XX. The circuit court explained that the monetary amount of costs may be appealed where the disputed amount exceeds 200 euros. This limitation also applies when costs are quantified in the judgment resolving the case, including a default judgment. The disputed 75 euros did not exceed that threshold, so the appeal was not accepted and was deemed returned. The 50-euro appeal fee had also not been paid. However, the court did not allow time to pay it because the appeal could not in any event be accepted on the stated ground. It separately explained that the costs of challenging the quantification of costs are not reimbursable even if the challenge succeeds. This ruling makes no new award of 75 euros.

Outcome of this decision

Refuse to accept the association’s appeal on costs; the appeal is deemed returned. No new reimbursement of 75 euros is awarded.