Autorollo civil case returned to circuit court ({{commentsTotal}})

Rain Rosimannus.
Rain Rosimannus. Source: (Postimees/Scanpix)

The Supreme Court of Estonia on Wednesday annulled the favorable decision made regarding individuals tried in the civil case related to road haulage company Autorollo, sending it back to Tallinn Circuit Court for consideration.

The trustees in the bankruptcy of Autorollo OÜ, Martin Krupp and Katrin Prukk, filed appeals in cassation in the Autorollo civil case, seeking the annulment of Tallinn Circuit Court's Oct. 21, 2016 decision and for the case to be reheard in the circuit court.

In a judgment published on Wednesday, the Supreme Court said that the circuit court's decision must be annulled due to a significant violation of procedural law norms. The top court found that the circuit court's decision must be annulled in the part whereby the circuit court solved the plaintiff's claim against defendants Rain Rosimannus and Keit Pentus-Rosimannus due to the violation of the obligation to state reasons for judgments.

"The circuit court in this regard made a decision opposite to that of the county court," said the Supreme Court. "When making the decision, the circuit court did not follow the provisions of the Code of Civil Procedure, according to which, in the event of annulling a county court's ruling and ruling differently, the circuit court must take a stand on all allegations and objections presented in the county court's procedure. The circuit court has also not followed the obligation stipulated in the same code to state the reasons for the counterevaluation of evidence. The aforementioned violations are significant violations of procedural law norms, as they do not allow for participants in a procedure to understand how a court reached the decision stated in the judgment nor do they allow the court of cassation to carry out a substantive check of the judgment."

On Oct. 21, 2016, Tallinn Circuit Court released MP and former Minister of Foreign Affairs Keit Pentus-Rosimannus from a claim filed against her in the civil case concerning the insolvency of road haulage company Autorollo, which was owned by her father.

The circuit court had annulled the previous decision of a first-tier court and issued a new ruling concerning the annulled portion of the verdict by which it rejected the claims of Autorollo OÜ trustees Martin Krupp and Katrin Prukk against Siim Roode, Keit Pentus-Rosimannus and law office NJORD Advokaadibüroo OÜ.

The circuit court also annulled part of the first-tier court's June 27, 2014 decision by which Rosimannus, Roode and NJORD Advokaadibüroo OÜ were ordered to jointly pay the plaintiff €120,052.41 plus a pentaly for the delay.

The same circuit court ruling annulled the ruling of the county court which had granted the trustees' fourth claim — to compensate damage arising from the payment of the debt of Autorollo OÜ debtors to third persons — and ordered Roode and NJORD Advokaadibüroo OÜ to jointly pay the claimant €17,954.75 plus a penalty for the delay.

The circuit court likewise lifted a ruling of the lower court granting the fifth claim of Autorollo OÜ trustees — for Roode and NJORD Advokaadibüroo OÜ to pay trustees Martin Krupp and Katrin Prukk jointly €6,135.52 plus a penalty for the delay.

The circuit court discussed the matter for the second time, as in April the Supreme Court had partially returned the Autorollo civil case to the second-tier court for review.

Before the Supreme Court's April ruling, a court most recently ruled in the Autorollo civil case at the end of June 2015.

While a first-tier court found in summer 2014 that then-minister Keit Pentus-Rosimannus was not connected with the bankruptcy of her father Väino Pentus' road haulage company Autorollo, an appeals court at the end of June 2015 turned the bankruptcy claim partly againt the minister.

Autorollo was declared bankrupt in 2011.

Editor: Aili Vahtla

Source: BNS