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17

11
2011

The Supreme Court declared void provisions of administrative court procedure

On 17, 11 2011 | No Comments | In Uncategorized | By Kadri Lensment

Jurisdiction- ESTONIA

The Supreme Court declared void provisions of administrative court procedure applicable to situations when a Court of Appeal grants first-time permission to encumber an immovable in order to secure fulfilment of tax obligations. Positive law did not foresee a possibility to appeal the injunction. The Supreme Court ruled that such restriction of the right of appeal is unconstitutional and thus void. In the same ruling the Supreme Court stated that it is unproportional and thus ulawful to encumber immovable owned by a third person.