Harju County Court fully dismissed AS Elveso action

 | Quelle: Luterma Luterma 

Harju County Court dismissed with 23.04.2009 judgment AS Elveso action that the
latter filed against AS Luterma (former company name AS Kalev)in January last
year. AS Elveso claimed with the statement of claim from AS Luterma without
basis waste water disposal price and interest in total 21,8 million kroons (1,4
mln EUR). 

Harju County Court judgment confirmed that AS Luterma and AS Elveso long time
dispute about waste water disposal price claim against AS Luterma was
groundless. Court, having evaluated all evidences came to a decision that water
undertaking of Rae Municipality AS Elveso claim is unproved and therefore
dismissed. 

AS Luterma head of legal services Allan Viirma said that there is no ground to
AS Elveso statements that AS Luterma is directing consistently and in large
quantities above standard pollution to water undertakers' sewerage system.
“That sort of statement from water undertaker is groundless and during whole
dispute AS Elveso has not proved directing above standard pollution into
cleaner. In addition, during judicial proceeding found confirmation a fact that
water undertaking of Rae Municipality AS Elveso has not at all during the
period of March 2005 until January 2008 provided an above standard pollution
cleaning service to AS Luterma  and that water undertaker lacked even technical
capability to do so! It is incomprehensible how it is possible that AS Elveso
who is in monopoly position as water service provider in Rae Municipality can
in such manner by abusing a dominant position with unfounded service charges
damage manufacturing enterprises operating in the same municipality. Court also
decided that this kind of action by AS Elveso is contrary to competition
act“said AS Luterma representative. 

AS Luterma representative in court sworn advocate Leon Glikman:” Court judgment
is profoundly motivated and I do not see that opposing party could have
relevant appeal grounds. Court divided procedure expenses so that AS Elveso
would completely carry them. An appeal from Elveso would bring them additional
expenses”. 

Parties have the right to file an appeal to Tallinn Circuit Court in 30 days.

Information about AS Luterma and water undertaker dispute has been announced
earlier in AS Luterma 30.09.2005 a., 08.12.2005 a., 20.03.2007 a, 28.06.2007 a.
and 08.10.2007 a. announcements. 


Allan Viirma
Head of legal services 
688 6600