Harju Maakohus Tallinna kohtumaja; 2025-07-18; 2-24-122443/13
Decision by national courts in the field of European Union law — ECLI:EE:HMK:2025:2.24.122443.13836
Date: 2025-07-18
Subject matter: Judicial cooperation in civil matters;Lugano Convention
Origin: Estonia

82025EE0718(51)_ENG_SUMJURE
JURE summary
JURE summary
This case, decided by the Harju Maakohus, Tallinna kohtumaja (hereinafter ‘the Court of First Instance’), concerned international jurisdiction and service abroad in proceedings for recovery of a small debt.
The Aktsiaselts PlusPlus Capital (hereinafter ‘the plaintiff’), as assignee of a claim arising from a contract for telecommunication services, brought an action against L. G. (hereinafter ‘the defendant’) seeking payment of the principal sum, collection costs and default interest.
The Court of First Instance found that the defendant’s known domicile was in Norway. It held that the applicable instrument governing jurisdiction was the new Lugano Convention (1), under which a person must, as a rule, be sued in the courts of the State of domicile. The plaintiff had not relied on any special head of jurisdiction or on a jurisdiction agreement. The Court therefore concluded that the dispute did not fall within the jurisdiction of the Estonian courts and left the action unexamined on the ground of lack of international jurisdiction.
The Court further held that, independently, the action had to be left unexamined because the plaintiff failed, despite repeated directions and time limits, to provide the translations required for service on the defendant in Norway. Since Norwegian authorities accept service only of documents drafted in, or translated into, Norwegian, Danish or Swedish, and the absence of translations prevented service under the Hague Service Convention (2), the statutory ground for leaving the action unexamined for failure to provide information and materials necessary for service was also satisfied.
(1) Convention on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters.
(2) Convention of 15 November 1965 on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters.