• English
  • Eesti

Estonia: Administrative court does not annul auction of Tootsi wind farm land

Estonian news - eteap November 16, 2018

Baltic News Service. 16th of November, 2018

In a decision made on Friday, the Tallinn administrative court found that state forest management company RMK should have announced the auction of the property of the Tootsi wind farm sooner and enabled those interested to inspect the draft agreement, but left other terms of the auction in force.

The administrative court annulled a decision made by the management board of RMK in October 2017 in the part that concerned the announcement of the organization of the auction of the property three weeks ahead, Anneli Vilu, spokesperson for the administrative court, told BNS.

“RMK was obligated to publish the notice of the auction earlier than three weeks before the auction was to take place and enable those persons interested in participating to inspect the draft agreement before the auction was held,” she said.

With regard to other matters, the court did not satisfy the complaints of Tootsi Tuulepark OU and AS Eesti Elekter regarding the decision of the supervisory board and management board of RMK. The court also did not satisfy the complaint of AS Raisner, in which the company demanded that the decision of the RMK made in October of that year be annulled.

“We are definitely glad about the court verdict. When it comes to matters regarding private enterprises versus the state — or state institutions versus companies –, victory in the first tier is relatively rare. We have said from the beginning that handing the Tootsi wind farm without selecting means to state enterprise Eesti Energia is not appropriate for a self-respecting state based on the rule of law,” Andres Sonajalg, member of the management board of Eesti Elekter, told BNS.

The supervisory board of RMK with a decision made on Oct. 12, 2017 decided to dispose of the Tootsi property at a public oral auction, as the property is not necessary for managing the state forest. The management board had to approve the procedure of a public oral auction before announcing the auction, including the increment of the auction of an immovable.

The notice and terms of the auction had to be published at least three weeks before the occurrence of the auction and at least in the Official Announcements, the website of RMK and in larger newspapers.

The management board of RMK with a decision on Oct. 16, 2017 approved the procedure and increment of the auction. The date declared for the auction was the afternoon of Nov. 8, 2017.

“The court found that the terms of the auction were unlawful regarding the part, in which no possibilities for those interested to inspect the draft agreement were stipulated. In other parts, the terms of the auction were not unlawful and do not violate the rights of the appellants,” Vilu said.

An appeal can be submitted until Dec. 17, the latest, regarding the administrative court’s Friday verdict.

Leave a Reply

Your email address will not be published. Required fields are marked *

« »

nike factory outlet kobe 9 elite polo ralph lauren outlet online air max 90 pas cher polo ralph lauren pas cher fake nike shoes new basketball shoes tiffany free runs what the kobe 8 nike air mag big size jordans nba shoes