COBALT represented the Estonian subsidiary of the biggest producer of milk products of Austria in the Supreme Court in relation to the securing of an action filed against the client.
On the basis of the client’s appeal, Tallinn District Court revoked the securing of the action, and deemed the action of the opposing party to clearly lack perspective. While adjudicating the matter, the Supreme Court gave general guidance for the development of harmonised judicial practice, and noted among other things that after acceptance of an action within the framework of securing the action, the potential success of the action would be assessed in narrower limits than in case of deciding on acceptance of an action, and that if the ruling on securing the action was enforced with the aid of a bailiff, the bailiff would be obliged to perform professional acts upon revocation of the securing of an action in order to achieve the termination of the effect of the measures for securing the action.
From COBALT, the client was represented by senior associate Merle Veeroos.
The positions of the Supreme Court can be read in further detail here.