AS Tallinna Vesi sent an application to the Europe

AS Tallinna Vesi sent an application to the European Court of Human Rights, claiming a breach by Estonia of the Company’s right to a fair trial and protection of property. The application is related to the tariff dispute where a final unfavourable decision was made on 12.12.2017 by the Supreme Court of Estonia.

According to the application, Estonia has violated Article 6 of the European Convention on Human Rights and Article 1 of Protocol No 1 to the same Convention. Article 6 states that everyone is entitled to a fair trial. AS Tallinna Vesi claims, among others, that the Supreme Court violated its obligation to request a preliminary ruling from the Court of Justice of the European Union and did not duly justify the refusal. Article 1 of Protocol No 1 states that every natural or legal person is entitled to the peaceful enjoyment of his possessions. AS Tallinna Vesi claims that Estonia’s interference with the Company’s fundamental right to property was not proportional and Estonia has violated Article 1 of Protocol No 1.

European Court of Human Rights will first go through the registration process of the application. It will then check the admissibility of the application. There are no specific deadlines by which the court must register the application or assess its admissibility.

The European Court of Human Rights is not an appeal court and it cannot repeal the 12.12.2017 decision by the Supreme Court. If the European Court of Human Rights finds a breach of the Company’s fundamental rights it may serve as an additional ground for protecting the interests of the Company and its investors.

AS Tallinna Vesi is still waiting for an award in the international arbitration proceedings on whether the Agreement on the Encouragement and Reciprocal Protection of Investments between the Kingdom of the Netherlands and the Republic of Estonia has been breached.

Eliis Vennik
Head of Communications
AS Tallinna Vesi
Tel: (+372) 62 62 275
Eliis.vennik@tvesi.ee