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Apotheka appeal court PERH premises vacation, damages orders

The Apotheka pharmacy at PERH.
The Apotheka pharmacy at PERH. Source: Siim Lõvi/ERR

Pere Apteek OÜ, owner of pharmacy chain Apotheka, has appealed the decision by Harju County Court, at the Tallinn Circuit Court. The ruling ordered the company to vacate premises at North Estonia Medical Center (PERH) and pay damages resulting from its unlawful occupation thereof.

The company has also requested the suspension of the immediate enforcement of the County Court's decision, ERR's online news in Estonian reports.

Harju County Court ordered on May 13 that Terve Pere Apteek OÜ should vacate the PERH premises in Mustamäe, and should pay compensation of €711,099 for the period Apotheka used the premises after its contract expired, on October 2 2017.

Interest of €1,207.30 per day is also payable, for as long as Apotheka continues to function in the location, where it has operated for several years, providing services to those visiting the hospital as well as the general public. 

Court spokesperson Anneli Vilu, confirmed to ERR on June 9 that Terve Pere Apteek OÜ had filed an appeal with Tallinn Circuit Court, against Harju County Court's original decision of May 13. filing an application requesting the suspension of the immediate execution of the decision a day later.

In its June 11 ruling, the appeal court granted a 20-day deadline for PERH to submit its observations. Likewise, within seven days PERH can submit its position on the application for suspension of execution of the decision of Terve Pere Apteek OÜ, submitted on June 10.

"After the expiry of these deadlines, the procedure will continue to follow at the Circuit Court; the court will set the next deadlines, and if necessary determine the time of the session," Vilu said.

"Harju County Court's immediate enforcement of the judgment means, in particular, that the requirements set out in the decision must be immediately enforced," she added.

Chair of PERH Agris Peedu told the ERR a bailiff would deliver the immediate enforcement ordered by the court.

"The decision to enforce the (Apotheka) expiration date is July 1. The regional hospital, for its part, cannot do more at this time," he said.

Estonia's court system is organized on three tiers, from county court, circuit court to supreme court, in order of ascendancy.

Terve Pere Apteek OÜ is part of a group of companies belonging to businessman Margus Linnamäe, whose business interests include daily Postimees.

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Editor: Andrew Whyte

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