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Narva apartment associations Court decisions

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Case 2-21-112650Source: Riigi Teataja ↗

Narva linn, Masina tn 3 korteriühistu · 80480764

Apartment association bills, payments and debtsDebt claimsLate-payment interest and consequences of delayBills and justification of chargesHeatingCalculation and allocation of heating chargesWater and sewerageCalculation of water charges

How it started · editorial summary

The owner, a commercial company, appealed against recovery, citing non-receipt of invoices and case documents.

· RulingTartu Ringkonnakohus · Appeal · № 2-21-112650/21Read actAppeal

Separate act page

A. Bastrakovi tn 3: Peremaakler’s appeal against debt recovery dismissed

Ruling · Tartu Ringkonnakohus · Appeal

Narva linn, A. Bastrakovi tn 3 korteriühistu · OÜ Peremaakler · 80480764 · 11523072

Entry into force has not been reverified

Participants and roles: Applicant — apartment association; Debtor and appellant — OÜ Peremaakler

How it started · editorial summary

The owner, a commercial company, appealed against recovery, citing non-receipt of invoices and case documents.

The dispute and the court’s decision

Tartu Ringkonnakohus upheld the award against OÜ Peremaakler in favour of Narva linn, A. Bastrakovi tn 3 korteriühistu: 1003,78 euros in building maintenance costs and 44,69 euros in late-payment interest. The company’s appeal was dismissed and appeal costs allocated to it. The county court was to determine court costs later. The company claimed it had received neither association invoices nor court documents and could not inspect the application or object. The circuit court checked the judicial information system. It showed that materials were sent to the company and one statutory representative confirmed receipt. Documents were also sent to another representative at an address known to the court from other proceedings, with a service procedure warning. The court found the company had an opportunity to present its position. The court also examined the grounds for charges. The association supplied invoices, accounting data, articles, decisions approving management plans, and heating and gas equipment maintenance supplier invoices. The court considered these to prove the costs and allocation between owners, with charges consistent with the adopted procedure. The company gave no specific objections to the debt calculation in its appeal. The award was therefore upheld after checks of both service and debt evidence. The ruling does not confirm actual payment of the sums awarded.

Outcome of this decision

Dismiss the appeal and uphold the ruling of 22 September 2021. Allocate appeal costs to OÜ Peremaakler, with the amount set later by the county court.
Translation of an anonymised, abridged excerpt from Estonian
1. Dismiss the appeal against the ruling and uphold the Viru Maakohus ruling of 22 September 2021.
Appeal
Case 2-21-15117Source: Riigi Teataja ↗

Narva linn, Kosmonaudi tn 3 korteriühistu · 80162834

Apartment association bills, payments and debtsDebt claimsLate-payment interest and consequences of delay

How it started · editorial summary

The association sought debt from XX, who had acquired the property by inheritance. The court checked the basis of liability and calculation and awarded principal, late-payment interest and costs.

· Court orderViru Maakohus · First instance · № 2-21-15117/5Read actFirst instance

Separate act page

Building charges after ownership passed by inheritance

Court order · Viru Maakohus · First instance

Narva linn, Kosmonaudi tn 3 korteriühistu · 80162834

Entry into force has not been reverified

Participants and roles: Applicant — Narva linn, Kosmonaudi tn 3 korteriühistu; Person concerned, successor to the owner — XX

How it started · editorial summary

The association sought debt from XX, who had acquired the property by inheritance. The court checked the basis of liability and calculation and awarded principal, late-payment interest and costs.

The dispute and the court’s decision

Narva linn, Kosmonaudi tn 3 korteriühistu sought unpaid management and utility charges from XX, to whom the property had passed by inheritance. According to the association’s application, the disputed debt arose after the previous owner’s death; that owner had owed the association no debt. It relied on unpaid invoices and resolutions supporting charges and late-payment interest. XX received the application, attachments and admission order but submitted no objections. The court determined the application in non-contentious proceedings and checked ownership and succession records. It found that succession and the obligation to contribute to the association’s expenses justified the claim against XX. It considered the invoices and payment calculation substantiated. The application was granted: principal and accrued late-payment interest were awarded, together with continuing statutory late-payment interest from 25 September 2021 until the awarded principal is paid. The court also fixed reimbursable procedural costs and awarded late-payment interest on them from finality of the relevant order until payment. The lack of objections is not described as an admission by XX; the result rests on the court’s findings. Actual payment was not established.

Outcome of this decision

The association was awarded principal, accrued late-payment interest, continuing late-payment interest on the awarded principal from 25 September 2021 until it is paid and procedural costs. Separate late-payment interest applies to awarded costs after the order becomes final. This order does not establish actual payment.
Translation of an anonymised, abridged excerpt from Estonian
Grant the application.
First instance
Case 2-21-4363Source: Riigi Teataja ↗

Narva linn, Soldina tn 2 korteriühistu · 80180921

Apartment association bills, payments and debtsDebt claimsLate-payment interest and consequences of delayInstalments and payment schedules

How it started · editorial summary

The association and debtor submitted an agreement acknowledging debt and providing a payment schedule.

· RulingViru Maakohus · First instance · № 2-21-4363/4Read actFirst instance

Separate act page

A-A. Tiimanni tn 2: two-year instalments for debt and costs approved

Ruling · Viru Maakohus · First instance

Narva linn, A-A. Tiimanni tn 2 korteriühistu · 80180921

Entry into force has not been reverified

Participants and roles: Applicant — apartment association; Debtor — XX

How it started · editorial summary

The association and debtor submitted an agreement acknowledging debt and providing a payment schedule.

The dispute and the court’s decision

Viru Maakohus approved a settlement between Narva linn, A-A. Tiimanni tn 2 korteriühistu and debtor XX and terminated proceedings. The debtor acknowledged debt for building maintenance and other payments, plus a 25 euro fee, 300 euros in legal assistance and 3 euros for collecting evidence. The parties agreed monthly payments over two years. The association may seek late-payment interest of 0,02% per day on unpaid debt from the agreed date. This term is separate from the consequence of breach of schedule: if the agreement is breached, the association may demand immediate payment of all remaining debt. The court found the agreement admissible. Each participant bears other court costs. The association was awarded a 25 euro fee refund from the budget. The parties waived appeals against the ruling. The act explains recourse to a bailiff on non-performance. It does not confirm actual payments or refund of the fee.

Outcome of this decision

Approve two-year monthly instalments for debt and costs: a 25 euro fee, 300 euros in legal assistance and 3 euros for evidence collection. Provide late-payment interest of 0,02% per day on unpaid debt from the agreed date and a right to demand immediate payment of the balance on breach of schedule. Terminate proceedings; leave other costs to participants. Refund the association a 25 euro fee.
Translation of an anonymised, abridged excerpt from Estonian
4. The parties shall bear their own procedural costs not specified in the settlement.
First instance
Case 2-21-4758Source: Riigi Teataja ↗

Narva linn, Soldina tn 2 korteriühistu · 80180921

Apartment association bills, payments and debtsDebt claimsLate-payment interest and consequences of delayInstalments and payment schedules

How it started · editorial summary

The association and debtor XX agreed on acknowledgment of debt, inclusion of costs and monthly instalments. The court approved the terms and terminated the case.

· RulingViru Maakohus · First instance · № 2-21-4758/4Read actFirst instance

Separate act page

A-A. Tiimanni tn 2: court approved instalments for 914,22 euros in debt and costs

Ruling · Viru Maakohus · First instance

Narva linn, A-A. Tiimanni tn 2 korteriühistu · 80180921

Entry into force has not been reverified

Participants and roles: applicant – Narva linn, A-A. Tiimanni tn 2 korteriühistu; interested person XX – debtor and party to the agreement; association representative XX

How it started · editorial summary

The association and debtor XX agreed on acknowledgment of debt, inclusion of costs and monthly instalments. The court approved the terms and terminated the case.

The dispute and the court’s decision

The court approved the instalment agreement between the apartment association Narva linn, A-A. Tiimanni tn 2 and debtor XX and terminated the case. The association initially sought principal and continuing late-payment interest; before determination, the participants agreed a smaller debt and payment schedule. The ruling does not set out separate debtor objections to the initial charges. Under the agreement, XX acknowledged unpaid management expenses and other payments. The agreed obligation also includes 25 euros, half the court fee, 300 euros for legal assistance and 3 euros to obtain evidence. The debtor acknowledged that payment was due, and the association gave additional time for voluntary performance. The schedule provides for monthly payments. The agreement entitles the association to demand late-payment interest of 0,02% per day on unpaid management expenses and other payments from the agreed date. Breach makes the entire agreed obligation immediately payable. The court examined the documents, checked the agreement’s permissibility and enforceability, approved it on 9 July 2021 and terminated proceedings. Each participant bears expenses not included in the agreement. The court ordered the association refunded 25 euros, half the court fee, from the state budget. The participants waived appeal against the ruling; it does not confirm subsequent payment under the schedule.

Outcome of this decision

Approve monthly instalments for the debt and costs: 25 euros, half the court fee, 300 euros for legal assistance and 3 euros to obtain evidence. Provide for late-payment interest of 0,02% per day on unpaid management expenses and other payments from the agreed date and immediate full payment on breach. Terminate proceedings, leave other costs with the participants and refund the association 25 euros in court fees.
Translation of an anonymised, abridged excerpt from Estonian
II. Terminate proceedings in civil case 2-21-4758 following approval of the settlement.
First instance
Case 2-21-107646Source: Riigi Teataja ↗

Narva linn, Võidu prospekt 13 korteriühistu · 80189477

Apartment association bills, payments and debtsDebt claimsLate-payment interest and consequences of delayInstalments and payment schedulesPayment accounting and set-off

How it started · editorial summary

After payment order recovery began, the association and debtor XX agreed the balance and six monthly payments. The association confirmed an earlier partial payment.

· RulingViru Maakohus · First instance · № 2-21-107646/5Read actFirst instance

Separate act page

Võidu prospekt 13: instalments approved for 619,62-euro balance after partial payment

Ruling · Viru Maakohus · First instance

Narva linn, Võidu prospekt 13 korteriühistu · 80189477

Entry into force has not been reverified

Participants and roles: applicant – Narva linn, Võidu prospekt 13 korteriühistu; interested person XX – debtor and party to the agreement; association’s legal and contractual representatives XX

How it started · editorial summary

After payment order recovery began, the association and debtor XX agreed the balance and six monthly payments. The association confirmed an earlier partial payment.

The dispute and the court’s decision

The court approved the agreement between the apartment association Narva linn, Võidu prospekt 13 and debtor XX for scheduled repayment of the remaining debt and terminated the case. The association initially sought recovery through expedited payment order proceedings. Pärnu Maakohus then ended that procedure and referred the case to Viru Maakohus to approve the agreement. The debtor acknowledged principal, accrued late-payment interest and 65 euros in costs. The association confirmed an earlier partial payment and agreed the balance with the debtor. The ruling does not establish subsequent compliance with the schedule. The balance is payable in six monthly instalments. Current association bills must also continue to be paid. Delay entails late-payment interest of 0,022% per day on the unpaid amount. The court examined the agreement, found it permissible and enforceable, approved its terms on 21 May 2021 and terminated proceedings. The 65 euros in costs included in the agreement form part of the admitted obligation; each participant bears its other costs with no separate mutual reimbursement. The ruling does not set out independent objections to the original charges.

Outcome of this decision

Approve the agreement taking account of the partial payment confirmed by the association. The outstanding debt, late-payment interest and agreed 65 euros in costs are payable in six monthly instalments. Retain current bills and late-payment interest of 0,022% per day on unpaid amounts upon delay. Terminate proceedings; leave other costs with the participants.
Translation of an anonymised, abridged excerpt from Estonian
2. Terminate proceedings in civil case No. 2-21-107646.
First instance
Case 2-21-108784Source: Riigi Teataja ↗

Narva linn, Rahu tn 14 korteriühistu · 80015323

Apartment association bills, payments and debtsDebt claimsLate-payment interest and consequences of delayInstalments and payment schedules

How it started · editorial summary

The apartment association Rahu tn 14 and debtor XX agreed acknowledgement of debt with costs and monthly instalments. The court approved the agreement and terminated the case.

· RulingViru Maakohus · First instance · № 2-21-108784/3Read actFirst instance

Separate act page

Rahu tn 14: court approved instalments for 2 209,11 euros

Ruling · Viru Maakohus · First instance

Narva linn, Rahu tn 14 korteriühistu · 80015323

Entry into force has not been reverified

Participants and roles: applicant — Narva linn, Rahu tn 14 korteriühistu; interested person XX — debtor and party to the agreement; association’s statutory representative XX

How it started · editorial summary

The apartment association Rahu tn 14 and debtor XX agreed acknowledgement of debt with costs and monthly instalments. The court approved the agreement and terminated the case.

The dispute and the court’s decision

The court approved Narva linn, Rahu tn 14 korteriühistu’s agreement with XX on an acknowledged obligation and monthly instalments, then terminated the case. After submission of the agreement, the case was transferred from Pärnu Maakohus to Viru Maakohus for approval. The ruling gives no separate objections to charges. The obligation includes management expenses, other payments, late-payment interest and court costs. The participants confirmed that payment had fallen due and allowed additional time for voluntary payment. The schedule provides equal monthly payments by month-end and a separate final payment. Unpaid management expenses and other payments carry late-payment interest of 0,02% per day. Breach makes the entire agreed obligation immediately payable. Subsequent performance is not established by the act. The court found the agreement admissible. Each party bears other costs; the association was awarded a 33,25* euro fee refund. The participants waived appeal against the ruling.

Outcome of this decision

Approve XX’s agreement on the acknowledged obligation and monthly instalments with a separate final payment. Unpaid management expenses and other payments carry late-payment interest of 0,02% per day; breach makes the entire agreed obligation immediately due. Terminate the case; each party bears other costs; refund the association 33,25* euros in fees.
Translation of an anonymised, abridged excerpt from Estonian
3. The parties shall bear their own procedural costs not specified in the settlement.
First instance
Case 2-21-104304Source: Riigi Teataja ↗

Narva linn, Võidu prospekt 10 korteriühistu · 80183397

Apartment association bills, payments and debtsDebt claimsLate-payment interest and consequences of delayInstalments and payment schedules

How it started · editorial summary

The parties agreed long-term monthly instalments. The court approved the terms and terminated the case; the act does not confirm subsequent performance.

· RulingViru Maakohus · First instance · № 2-21-104304/3Read actFirst instance

Separate act page

Võidu prospekt 10: instalments for 4 403,90 euros approved until July 2028

Ruling · Viru Maakohus · First instance

Narva linn, Võidu prospekt 10 korteriühistu · 80183397

Entry into force has not been reverified

Participants and roles: applicant — Narva linn, Võidu prospekt 10 korteriühistu; interested person XX — debtor and party to the agreement; association’s statutory representative XX

How it started · editorial summary

The parties agreed long-term monthly instalments. The court approved the terms and terminated the case; the act does not confirm subsequent performance.

The dispute and the court’s decision

The court approved Narva linn, Võidu prospekt 10 korteriühistu’s agreement with XX for long-term monthly instalments and terminated the case. The ruling confirms agreed terms without separately examining objections to how charges arose. The acknowledged obligation includes management expenses, late-payment interest and court costs. Included costs are not awarded again on top of the agreed sum. A first payment and subsequent equal payments no later than the last day of each month are provided. If deadlines are breached, the association may seek late-payment interest of 0,02% per day. Breach of the duty to pay debt instalments also makes the entire debt immediately payable. This ruling does not confirm subsequent performance or the current balance. The court found the agreement admissible. Each party bears other costs; the association was awarded a 68,30* euro fee refund. The parties waived appeal against the ruling.

Outcome of this decision

Approve the agreement with XX for long-term monthly instalments. Delay carries late-payment interest of 0,02% per day and breach of the schedule makes full payment immediately due. Terminate the case; each party bears other costs; refund the association 68,30* euros in fees.
Translation of an anonymised, abridged excerpt from Estonian
3. The parties shall bear their own procedural costs not specified in the settlement.
First instance
Case 2-20-100537Source: Riigi Teataja ↗

Narva linn, P. Kerese tn 6 korteriühistu · 80183301

Apartment association bills, payments and debtsDebt claimsLate-payment interest and consequences of delayParking and groundsConstruction of parking facilitiesApartment association meetings and decisionsBudget, management plan and rates

How it started · editorial summary

The participants confirmed payment of the principal claim, after which the association withdrew its application. The court approved a separate agreement for an additional 100 euros in costs.

· RulingViru Maakohus · First instance · № 2-20-100537/18Read actFirst instance

Separate act page

P. Kerese tn 6: court approved a 100 euro costs agreement after debt payment

Ruling · Viru Maakohus · First instance

Narva linn, P. Kerese tn 6 korteriühistu · 80183301

Entry into force has not been reverified

Participants and roles: applicant — Narva linn, P. Kerese tn 6 korteriühistu; interested person XX — debtor and party to the costs agreement; association’s representative XX

How it started · editorial summary

The participants confirmed payment of the principal claim, after which the association withdrew its application. The court approved a separate agreement for an additional 100 euros in costs.

The dispute and the court’s decision

The court terminated the case after confirmed payment of the principal claim and approved an agreement for an additional 100 euros in costs to the association. The apartment association Narva linn, P. Kerese tn 6 sought debt and late-payment interest from participant XX. The dispute concerned earmarked contributions for a car park. After an objection in payment order proceedings, the case was transferred to Viru Maakohus. XX attempted a counter-application challenging transactions based on meeting decisions; admission was refused and the circuit court upheld that refusal. The association and XX then reported satisfaction of the claim on 17 March 2021. Their consistent reports stated that principal, late-payment interest and previously claimed costs had been paid. The association withdrew its monetary demand, and participants submitted a separate agreement on remaining court costs. Under that agreement, XX must pay the association an additional 100 euros by 31 May 2021. XX bears their own costs. The participants confirmed understanding the consequences of termination and waived appeal against the ruling. On 22 March 2021 the court accepted withdrawal of the application on the paid claim, approved the costs agreement and terminated proceedings. It found no conflict with the law or good morals. It did not separately allocate or determine recoverable costs because the amount and payment arrangements were already agreed. Principal and previously paid costs are not awarded again. The act does not confirm performance of the new 100 euro obligation.

Outcome of this decision

Accept the association’s withdrawal of the paid debt application. Approve the agreement: XX pays the association 100 euros in costs by 31.05.2021 and bears their own costs. Terminate proceedings; do not determine costs separately.
Translation of an anonymised, abridged excerpt from Estonian
3. Terminate proceedings in civil case No 2 -20-100537 on Narva linn, P. Kerese tn 6 korteriühistu’s debt application against XX.
First instance
Case 2-16-122254Source: Riigi Teataja ↗

Narva linn, A. Puškini tn 45 korteriühistu · 80197258

Apartment association bills, payments and debtsDebt claimsLate-payment interest and consequences of delayInstalments and payment schedules

How it started · editorial summary

The association’s debt and late-payment interest claim ended in a settlement with a payment schedule.

· RulingViru Maakohus · First instance · № 2-16-122254/86Read actFirst instance

Separate act page

Puškini 45: court approved a debt repayment schedule

Ruling · Viru Maakohus · First instance

korteriühistu Puškini 45 · 80197258

Entry into force has not been reverified

Participants and roles: Claimant — korteriühistu Puškini 45; Defendant — XX

How it started · editorial summary

The association’s debt and late-payment interest claim ended in a settlement with a payment schedule.

The dispute and the court’s decision

The apartment association Puškini 45 brought a debt and late-payment interest claim against XX. The court approved the parties’ agreement and terminated proceedings without separately resolving the original substantive objections. XX acknowledged the agreed principal. The first payment is due within three days after entry into force, followed by equal monthly payments by month-end. Delay of more than one day in any payment cancels the schedule, making all remaining principal due. Breach carries late-payment interest of 0,065% per day on unpaid principal. A separate clause provides statutory late-payment interest for delayed payment of the balance after cancellation of the schedule. Each party bears its own court costs. The association was awarded a 225 euro refund, half the fee. On non-performance, an application to a bailiff is possible; actual payment is not confirmed.

Outcome of this decision

Approve the agreement: first payment within three days after entry into force, followed by monthly payments. Delay of more than one day cancels the schedule and makes the balance due. Breach carries late-payment interest of 0,065% per day and a separate statutory late-payment interest clause for delay in paying the balance after cancellation. Terminate the case; each party bears its own costs; refund the association 225 euros in fees.
Translation of an anonymised, abridged excerpt from Estonian
3. The parties shall bear their own procedural costs.
First instance
Case 2-20-137937Source: Riigi Teataja ↗

Narva linn, V. Gerassimovi tn 4 korteriühistu · 80170236

Apartment association bills, payments and debtsDebt claimsLate-payment interest and consequences of delayInstalments and payment schedules

How it started · editorial summary

Debt payable to the association was settled by agreement with six months of instalments.

· RulingViru Maakohus · First instance · № 2-20-137937/3Read actFirst instance

Separate act page

V. Gerassimovi 4: settlement on debt and instalments

Ruling · Viru Maakohus · First instance

Narva linn, V. Gerassimovi tn 4 korteriühistu · 80170236

Entry into force has not been reverified

Participants and roles: Applicant – Narva linn, V. Gerassimovi tn 4 korteriühistu; Debtor entering the agreement – XX

How it started · editorial summary

Debt payable to the association was settled by agreement with six months of instalments.

The dispute and the court’s decision

The court approved the agreement between Narva linn, V. Gerassimovi tn 4 korteriühistu and XX on instalment repayment of arrears and terminated the case. The demand against another debtor had previously been left unexamined; this agreement concerns XX alone. XX acknowledged an obligation covering management expenses, other payments, late-payment interest and litigation costs. It provides for six months of instalments payable at month-end. Late-payment interest of 0,02% per day accrues on unpaid management expenses and other payments; breach of the schedule makes the whole debt immediately payable. The court considered the agreement enforceable and lawful. Each bears its other costs; a court fee refund is to be resolved by separate ruling after finality. The court did not accept the parties’ waiver of appeal: it considered this impermissible in these proceedings. The ruling does not confirm performance of the schedule.

Outcome of this decision

Approve the six-month instalment agreement with XX and terminate proceedings. It provides for late-payment interest of 0,02% per day on unpaid management expenses and other payments and immediate payment of all debt if the schedule is breached. Decide the court fee refund separately; the appeal waiver was not accepted.
Translation of an anonymised, abridged excerpt from Estonian
2. Terminate proceedings in civil case No. 2-20-137937.
First instance
Case 2-20-113940Source: Riigi Teataja ↗

Narva linn, Vahtra tn 2a korteriühistu · 80175127

Apartment association bills, payments and debtsDebt claimsLate-payment interest and consequences of delayInstalments and payment schedules

How it started · editorial summary

The settlement defined the debt amount and schedule but did not exclude appeal against the ruling.

· RulingViru Maakohus · First instance · № 2-20-113940/5Read actFirst instance

Separate act page

Vahtra 2a: court approved instalments and preserved the right to appeal

Ruling · Viru Maakohus · First instance

Narva linn, Vahtra tn 2a korteriühistu · 80175127

Entry into force has not been reverified

Participants and roles: Applicant — Narva linn, Vahtra tn 2a korteriühistu; Debtor — XX

How it started · editorial summary

The settlement defined the debt amount and schedule but did not exclude appeal against the ruling.

The dispute and the court’s decision

Narva linn, Vahtra tn 2a korteriühistu sought debt from XX. After transfer from expedited payment order proceedings, the participants submitted an agreement. The court found it admissible and enforceable, approved it and terminated the case. XX acknowledged the agreed obligation, including management payments, late-payment interest and court costs. Monthly payments by the last day of each month and a separate final payment were established. Unpaid management expenses and other payments carry late-payment interest of 0,02% per day; breach of the schedule makes the entire obligation immediately enforceable. Each participant bears costs not provided for in the agreement. The fee refund is decided separately after entry into force. Although the participants waived appeals, the court explained that such waiver was impermissible in these non-contentious proceedings: the appeal procedure remained available. The act does not confirm performance.

Outcome of this decision

Approve monthly instalments and a final payment for the acknowledged obligation. Unpaid management expenses and other payments carry late-payment interest of 0,02% per day; on breach of the schedule the entire balance is immediately due. Terminate the case, leave other costs to participants and decide the fee refund separately. Preserve the right to appeal.
Translation of an anonymised, abridged excerpt from Estonian
2. Terminate the proceedings in civil case No 2-20-113940.
First instance
Case 2-18-130712Source: Riigi Teataja ↗

Narva linn, Tallinna mnt 42 korteriühistu · 80054903

Apartment association bills, payments and debtsDebt claimsLate-payment interest and consequences of delayBills and justification of charges

How it started · editorial summary

After clarifying the extent of withdrawal, the association confirmed payment of the entire debt and requested an end to the case.

· RulingViru Maakohus · First instance · № 2-18-130712/21Read actFirst instance

Separate act page

Tallinna mnt 42: case terminated after confirmation of full payment

Ruling · Viru Maakohus · First instance

Narva linn, Tallinna mnt 42 korteriühistu · 80054903

Entry into force has not been reverified

Participants and roles: Applicant — Narva linn, Tallinna mnt 42 korteriühistu; Interested person — XX

How it started · editorial summary

After clarifying the extent of withdrawal, the association confirmed payment of the entire debt and requested an end to the case.

The dispute and the court’s decision

The court terminated the apartment association Tallinna mnt 42’s case after confirmation of full payment and left costs to the association. Narva linn, Tallinna mnt 42 korteriühistu sought debt and late-payment interest from XX. The case began in expedited payment order proceedings, but the payment proposal could not be served within a reasonable time and the claim was transferred to Viru Maakohus. The association clarified the amount and charging period there. The association later withdrew the application, citing payment. The court noted that the first withdrawal concerned an earlier, smaller amount and did not explain the increased part. After a court query, on 28 February 2020 the association confirmed full payment and withdrawal of the entire application. The other participant made no objections. The court accepted the withdrawal and terminated proceedings without an award of the original debt. The ruling does not award debt again: termination was based on performance confirmed by the applicant. The association did not seek its costs from XX. The court left them to the applicant and found no costs reimbursable to the other participant. It decided to address the association’s request for refund of part of the fee in a separate ruling after entry into force. Neither the refund itself nor its amount is yet ordered in this ruling.

Outcome of this decision

Terminate proceedings. Leave costs to the association; there are no costs reimbursable to the other participant. Decide the fee refund in a separate act.
Translation of an anonymised, abridged excerpt from Estonian
2. The applicant shall bear the procedural costs.
First instance