` Karl Kask | COBALT

Karl Kask

Senior Associate / Estonia

About

Karl Kask is a Senior Associate at COBALT Estonia. He is one of Estonia’s most respected and successful litigators, focusing on complex civil and administrative matters.

He has been involved in the successful resolution of more than two hundred lawsuits and extrajudicial disputes worth more than €55 million for clients. Karl has represented public authorities, industries, waste management companies, IT companies, construction companies, attorneys, law firms, and healthcare providers.

Karl has represented Rakvere Meat Processing Plant and M.W. Wool before the Court of Justice of the European Communities, as well as other well-known companies on more than thirty occasions before the Supreme Court.

As a result of the Rakvere Meat Processing Plant dispute, the court ultimately ruled that no Estonian company should have to pay the excess stock charge, or the so-called “sugar penalty”.

Karl has advised and represented Skanska in an internal investigation and in a claim for compensation for damages caused by a crime, which ended in a precedent-setting case before the Supreme Court where it was found to be wrong to tax the victim.

He has also advised an international food industry on internal investigations and proceedings before the authorities in relation to a fatal industrial accident, and an international tour operator on internal investigations and proceedings before the court to recover millions of euros in damages caused by the company’s director and employees.

Karl has a long history of working with prominent companies in the food sector, advising them not only on disputes but also on other matters such as planning, construction, commercial contracts, environmental issues, and dealings with the state and local government.

As a renowned litigator, Karl has been recommended by prominent legal publications Legal500, Best Lawyers, and Chambers Europe throughout his distinguished career. Karl is also a welcome speaker at conferences on various legal topics.

Practice

CV

Languages

  • Estonian, English, Russian

Membership & education

  • Professional Suitability Committee of the Estonian Bar Association (2021)
  • Estonian Bar Association (since 1994)
  • Master of Arts in law (MA), University of Tartu, Faculty of Law, Estonia (1994)
Experience

Estonian citizen charged for fraud in cryptocurrency mining case released from custody

COBALT successfully represented a client in the Supreme Court (administrative case no. 3-21-125)

COBALT successfully represented a client in an EU subsidy dispute

COBALT protects an Estonian citizen, who has provided cryptocurrency mining services, in the extradition process.

2022 — 06 — 30

Representing AS M.V. Wool in the Court of Justice in a dispute deriving from the closure of two fish factories and application of EU food safety measures (preliminary ruling of the Court of Justice, C-51/21)

2022 — 03 — 31

Representing OÜ Novatours in court against a former management board member, their brother and their related companies in a claim for compensation for patrimonial damages and interests on arrears in the amount of 306,000 euros (civil case no. 2-17-13890)

2022 — 03 — 28

Representing OÜ Novatours in court against a former employee and the companies related with the employee in a claim for compensation for patrimonial damages and interests on arrears in the amount of 633,000 euros (civil case no. 2-17-13899)

2022 — 01 — 06

Representing OÜ Novatours in court against a former employee and the companies related with the employee in a claim for compensation for patrimonial damages and interests on arrears in the amount of 426,000 euros (civil case no. 2-17-13898)

2021 — 11 — 21

Representing OÜ Novatours in court against a former management board member in a claim for causing patrimonial damage and interests on arrears in the amount of 527,000 euros (civil case no. 2-18-8512)

2020 — 11 — 23

Representing AS Atria Eesti in the Supreme Court in a dispute deriving from the application of African swine fever control measures (3-18-81)

2020 — 02 — 20

Representing AS Tallinna Vesi in the Supreme Court in a dispute for compensation for patrimonial damage caused by a Regulation of the Government of the Republic (3-16-2267)

2019 — 09 — 02

Representing international fintech service providers in an extrajudicial dispute with the state regarding the lawfulness of the attachment of bank accounts in the amount of 7,570,000 euros

2019 — 06 — 28

Representing a dairy farmer in extrajudicial negotiations and in court in the dispute concerning the declaration of the bankruptcy or approval of the reorganisation plan of AS TERE and return of 331,000 euros (civil case no. 2-16-2060)

2019 — 04 — 03

Representing OÜ DAXIN Baltic (OÜ Krässik) in the Supreme Court in claims for compensation for damage filed against a management board member and a company related with the management board member in the amount of 746,000 euros (2-16-3785)

2019 — 02 — 22

Representing AS Neste Eesti in court in a claim deriving from a fuel sales agreement in the amount of 424,000 euros (civil case no. 2-17-10277)

2018 — 06 — 29

Representing the Technical Regulatory Authority in court in a claim for state liability in the amount of 473,671 euros (administrative case no. 3-16-1698)

2018 — 02 — 16

Representing OÜ DAXIN Baltic (OÜ Krässik) in court against a borrower who was related with a former management board member in a claim deriving from the cancellation of contracts in the amount of 340,269 euros (civil case no. 2-16-15052)

2018 — 01 — 15

Representing the Orthodox Church of Estonia in a dispute regarding compensation for unlawfully expropriated property in the amount of up to 2,544,000 euros (administrative case no. 3-16-2288)

2017 — 08 — 15

Representing an international investment company in an extrajudicial dispute with the state concerning the legality of attachment of bank accounts in the amount of 20,000,000 euros

2015 — 10 — 09

Representing the biggest stock farmer of Estonia in an extrajudicial dispute arising from a production contract terminated due to African swine fever and compensation for damages caused by the epidemic in the amount of 400,000 euros

2015 — 09 — 18

Representing the waste handler in an extrajudicial dispute with the Environmental Board of the Republic of Estonia regarding the obligation to pay pollution charge related to waste disposal in the amount of 3,362,000 euros

2014 — 10 — 20

Representing an international tourism service provider in an extrajudicial dispute with the Ministry of Finance and Enterprise Estonia regarding the incentive effect of EU support in the amount 2,000,000 euros

2014 — 08 — 04

Defending an attorney at law in pre-trial criminal proceedings and in a civil court claim filed against the attorney in the amount of 2,800,000 euros until the termination of the criminal proceedings by the Office of the Prosecutor General

2014 — 04 — 28

Representing the City of Tallinn and the City of Narva in the Supreme Court in a dispute concerning the language of instruction (3-3-1-52-13)

2013 — 06 — 11

Representing AS Suva in the Supreme Court in a dispute regarding ascertaining the voidness of contracts and constitutionality of a state fee (3-2-1-27-13)

2013 — 04 — 23

Representing a law office in extrajudicial negotiations and in court in a claim for compensation for damage filed against the law office in the amount of 1,458,000 euros (civil case no. 2-11-64143)

2012 — 11 — 29

Representing AS Villa Benita in the Supreme Court in a dispute related to the funding of nursing care (3-3-1-29-12)

2012 — 09 — 27

Representing AS Suva in court against OÜ Kristiine Ehitus in mutual claims deriving from a contract for services in the amount of 880,000 euros (civil case no. 2-11-36157)

2012 — 05 — 14

Representing AS Skanska in the Supreme Court in a dispute regarding the taxation of patrimonial damage caused by a criminal offence (3-3-1-12-12)

2012 — 03 — 28

Representing Tõnu Lembra and others in the Supreme Court in a dispute for annulment of the building permit of a neighbour (3-3-1-4-12)

2011 — 12 — 19

Representing Pille Averi in the Supreme Court in a dispute concerning discriminatory lay-off of an official (3-3-1-50-11)

2011 — 09 — 18

Carrying out internal investigations of an international construction company and representing the company for conviction of a group of persons who had committed a criminal offence against property and for ordering them to compensate the patrimonial damage in the amount of 2,060,000 euros (criminal case no. 1-10-5435)

2011 — 06 — 17

Representing AS Ekseko in the Supreme Court in a dispute concerning refusal to grant EU investment support (3-3-1-37-11)

2011 — 02 — 09

Representing AS Ekseko in the Supreme Court in a dispute regarding monetary claims deriving from a sales agreement and deposit contract (3-2-1-138-10)

2010 — 06 — 17

Representing an international IT company in an extrajudicial dispute in a claim filed due to the public accessibility of the data of a lottery system in the amount of 1,000,000 euros

2010 — 04 — 26

Representing an international construction company in an extrajudicial dispute regarding the notice of assessment of the Tax and Customs Board in the amount of 550,000 euros

2008 — 03 — 19

Representing AS Rakvere Lihakombinaat [Rakvere Meat Processing Plant] in the Court of Justice in a dispute concerning the taxation of surplus stock (preliminary ruling of the Court of Justice, C-140/08)

2006 — 10 — 06

Representing AS Ekseko in the Supreme Court in a dispute concerning the refusal to grant EU investment support (3-3-1-80-06)

2006 — 03 — 23

Representing OÜ Sevari in the Supreme Court in a dispute concerning the joinder with the obligations of the defendant deriving from a sales agreement (3-2-1-8-06)

2005 — 12 — 22

Representing OÜ Fennimark in the Supreme Court in a dispute concerning the service of an administrative decision and funding of specialised medical care (3-3-1-73-05)

2005 — 10 — 19

Representing AS Airest in a dispute for recovery of aircraft to the bankruptcy estate, which ended up in the Supreme Court (3-2-1-128-05)

2004 — 02 — 23

Representing the Estonian Motor Vehicle Registration Centre (ARK) in the Supreme Court in a dispute concerning the suspension of the right to drive (3-3-1-1-04)

2004 — 02 — 05

Representing the Republic of Estonia as a third party in the Supreme Court in a dispute for the acknowledgement of ownership title and recovery of a motor vehicle (3-2-1-10-04)

2003 — 10 — 01

Representing AS Tallinna Kaubamaja Kinnisvara as a third party in a dispute concerning the ownership of a registered immovable which ended up in the Supreme Court (3-2-1-91-03)

2003 — 03 — 23

Representing AS A-Selver in a dispute concerning the recovery of a contractual penalty to the bankruptcy estate, which ended up in the Supreme Court (3-2-1-4-03)

2003 — 02 — 06

Representing AS Tallinna Kaubamaja Kinnisvara as a third party in a dispute concerning the ownership of a registered immovable which ended up in the Supreme Court (3-2-1-11-03)

2002 — 11 — 20

Representing the Estonian Motor Vehicle Registration Centre (ARK) in court against OÜ Swed Trade in a claim for compensation for patrimonial damage caused by registration operations regarding trucks and trailers in the amount of 460,000 euros (administrative case no. 2-3/457/02)

2002 — 05 — 14

Representing AS Tallinna Kaubamaja Kinnisvara as a third party in a dispute concerning the ownership of a registered immovable, which ended up in the Supreme Court (3-2-1-68-02)

2002 — 03 — 15

Representing AS Ekseko in the Supreme Court in a misdemeanour matter concerning the lack of a waste permit (3-1-1-15-02)

2001 — 12 — 14

Representing AS Ekseko in the Supreme Court in a misdemeanour matter concerning the lack of a permit for special use of water (3-1-1-119-01)

2001 — 04 — 07

Representing MTÜ Eesti Kinoliit [Estonian Filmmakers Association] in a dispute for performance of a lease contract and compensation for damage which ended up in the Supreme Court (3-2-1-26-01)

2000 — 03 — 05

Extrajudicial representation of an administered state authority and the registrar of a state register against a leasing company in a dispute regarding declaring registration operations unlawful and for compensation for patrimonial damage in the amount of 581,000 euros

2000 — 03 — 01

Representing MGS Investeeringute OÜ in court against AS Lembitu (bankrupt) in a dispute concerning the transfer of assets in the amount of 351,000 euros (civil case no. II-2/319/00)

2000 — 02 — 28

Representing the Estonian Motor Vehicle Registration Centre (ARK) in the Supreme Court in a dispute concerning the correctness of registered data (3-3-1-2-00)