Harju Maakohus; 2021-04-26; 2-20-13062/13
Decision by national courts in the field of European Union law — ECLI:EE:HMK:2021:2.20.13062.11225
Date: 2021-04-26
Subject matter: Judicial cooperation in civil matters
Origin: Estonia

82021EE0426(51)_ENG_SUMJURE
JURE summary
JURE summary
This case regards a compensation case brought before the Harju Maakohus (hereinafter ‘the Court of First Instance’).
An Estonian company that helps clients to claim compensatory damages from air carriers (hereinafter ‘the plaintiff’) requested the Court of First Instance to issue a payment order against a German airline (hereinafter ‘the defendant’). The ground for the request was compensation for the cancelled flights of the plaintiff’s client, which the defendant operated. The request relied on the Brussels I Regulation (recast) (1) and Regulation (EC) No 261/2004 (2).
The defendant did not dispute the principal claim but objected to the plaintiff’s incidental claim concerning the legal expenses and costs of the proceedings. The defendant alleged that since the claim was not disputed, bringing it before the court was unnecessary, but a mutual agreement between the parties should have settled it.
The Court of First Instance confirmed the application of the Brussels I Regulation (recast) and Regulation (EC) No 261/2004, and cited the provision of national law, especially the TsMS (3) and the VÕS (4). It decided the case by a simplified procedure without hearing the parties, establishing its decision on the parties’ written statements.
Since the defendant upheld the principal claim, the Court of First Instance ordered the defendant to pay the plaintiff the requested compensation for the cancelled flight of EUR 400. The court further confirmed that since the defendant upheld the principal claim and has not yet paid the plaintiff, the plaintiff must also be entitled to default interest until payment of the principal sum.
Regarding the costs of the proceedings, the Court of First Instance applied Article 162(1) of the TsMS. It stipulates that the expenses shall be paid by the party against whom the judgment was given. Accordingly, the court held that the defendant must also pay the procedural and legal costs. The plaintiff was granted EUR 370, covering the reasonable costs of the legal expenses and the obligatory fee for the proceedings.
(1) Regulation (EU) No 1215/2012 of the European Parliament and of the Council of 12 December 2012 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters.
(2) Regulation (EC) No 261/2004 of the European Parliament and of the Council of 11 February 2004 establishing common rules on compensation and assistance to passengers in the event of denied boarding and of cancellation or long delay of flights, and repealing Regulation (EEC) No 295/91.
(3) Tsiviilkohtumenetluse seadustik (Code of Civil Procedure).
(4) Võlaõigusseadus (Law of Obligations Act).