Apotheka loses PERH appeal, must pay over €760,000 damages ({{contentCtrl.commentsTotal}})

Apotheka closed its PERH branch in mid-summer 2019.
Apotheka closed its PERH branch in mid-summer 2019. Source: Ken Mürk/ERR

The North Estonian Medical Center (PERH) has won a rental default court appeal made by the Apotheka pharmacy chain, which had been operating an outlet in the hospital and had refused to move out after its contract to do so expired.

The Apotheka branch, part of the group which includes pharmaceuticals wholesaler Magnum Medical, had been due to vacate the premises at the hospital, in the Mustamäe district of Tallinn, over a year-and-a-half ago, but did not do so. The hospital is according to the current ruling due damages of at least €760,000, daily Õhtuleht reports (link in Estonian).

PERH put out the pharmacy premises to tender in summer 2017, ERR's online news in Estonian writes, with the highest bidder being rival Benu Apteek Eesti OÜ, but Apotheka's immediate parent company, Terve Pere Apteek OÜ, refused to move out. The pharmacy stopped operating to customers unexpectedly in June 2019.

PERH then took the matter to court, demanding compensation of €36,722 per month – the same rate as Benu would have been paying in rent had they moved in – until the space was vacated.

Harju County Court ruled in May last year that Apotheka must vacate the premises and awarded the hospital €711,000 in compensation, plus €1,207, plus default interest, for every day until the decision is enforced.

Terve Pere Apteek challenged the decision of the county court at Tallinn Circuit Court, which left the county court ruling unchanged in its essential details. Since the Supreme Court declined to hear a further appeal, the ruling came into effect from last week.

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Editor: Andrew Whyte

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