The Supreme Court partially satisfied the cassation of Tallinn University of Technology
June 25 2024 - 10:49AM
UK Regulatory
The Supreme Court partially satisfied the cassation of Tallinn
University of Technology
Today, the Supreme Court made a judgment by which annulled the
decisions made by the lower courts in this case and sent the case
back to the same county court for a new review.
The Supreme Court accused the lower courts of erroneously taking
the view that the plaintiff's claim was not justified under the
damage’s provisions. The Supreme Court found that after the entry
into force of the Public Water Supply and Sewerage Act (ÜVVKS)
(01/10/2010), AS Tallinna Vesi should have established a price that
meets the criteria of § 14 (2) of the ÜVVKS within a reasonable
time. During the re-examination of the case, the county court must
assess what is a reasonable time to establish a price in accordance
with the law. In addition, the county court must assess whether the
water price applications submitted by AS Tallinna Vesi to the
Competition Authority during the litigation met the criteria of §
14 (2) of the ÜVVKS, i.e. whether the violation of ASTV's
obligations could have been excusable due to the activities of the
Competition Authority. The Supreme Court is based on the assumption
that the justified price was the price established on 01/12/2019,
and the parties can prove in the county court that it was higher or
lower, respectively.
AS Tallinna Vesi did not admit this claim and disputed it in
full from the start, by affirming that the company has always acted
legitimately and applied fair tariffs in accordance with the law in
force.
Taavi Gröön
Chief Financial Officer
AS Tallinna Vesi
(+372) 626 2271
taavi.groon@tvesi.ee
Tallinna Vesi As (LSE:0JPY)
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