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Code of Civil Procedure and Code of Enforcement Procedure Implementation Act

Passed 15.06.2005
RT I 2005, 39, 308
Entry into force 01.01.2006, partially 21.07.2005

Amended by the following legal instruments (show)

Chapter 1 GENERAL PROVISIONS  

§ 1.  Entry into force of the Code of Civil Procedure and the Code of Enforcement Procedure

 (1) The Code of Civil Procedure and the Code of Enforcement Procedure enter into force on 1 January 2006.

 (2) The possibility, provided for in the Code of Civil Procedure, to post a guarantee by depositing securities in the deposit account of the court applies from 1 January 2007.
[RT I 2006, 7, 42 – entry into force 04.02.2006]

§ 2.  Application of the Code of Civil Procedure and the Code of Enforcement Procedure

 (1) The lapsing of time limits which began to run in court proceedings before the entry into force of this Act is governed by the Code of Civil Procedure or the Code of Enforcement Procedure hitherto in force.

 (2) The entry into force of this Act does not change the jurisdiction and competence of the courts in cases accepted under the Code of Civil Procedure hitherto in force.

 (3) Administrative court proceedings commenced before 1 January 2009 may be completed regardless of the fact that, after 1 January 2009, the case should be dealt with by a district court. The same applies, in cases which were commenced before 1 January 2009, to such cases being dealt with by the action-by-claim or the action-by-petition procedure, if the applicable type of procedure has been changed under the law currently in force.
[RT I 2008, 59, 330 – entry into force 01.01.2009]

§ 2¹.  Application of lower rates of the statutory fee

 (1) The statutory fee paid at the rate effective from 1 January 2009 until 30 June 2012 in relation to filing, under the rules of civil court procedure, a petition, claim, appeal or interim appeal or appeal against a conclusive order, is refunded based on the corresponding application by the party to proceedings in the amount by which it exceeds, by more than 50 euros, the rate of the statutory fee effective for the same procedural operation at the time of deciding the refund, unless, by the date of filing the application, the relevant court proceedings have ended with a conclusive decision that has become final.
[RT I, 21.06.2014, 8 – entry into force 01.07.2014]

 (2) [Repealed – RT I, 21.06.2014, 8 – entry into force 01.07.2014]

§ 2².  Implementation of the provision of access to documents and of the digital signing of judgments

 (1) The minister responsible for the area may, by regulation, establish a transition period, which may not last longer than until 1 January 2015, concerning implementation of the service of documents and of the provision of access to documents through an information system.

 (2) The minister responsible for the area may make regulations to establish a transition period, which may not last longer than until 1 January 2015, concerning implementation of the electronic drawing up of judgments. If such a transition period is established, the courts may draw up and sign judgments on paper until the end of that period.
[RT I, 29.06.2012, 3 – entry into force 01.07.2012]

§ 2³.  Entry of default judgment if defendant fails to respond to the claim

  If the defendant fails to respond to a claim filed before 1 January 2013, the court may enter a default judgment only if this is requested by the claimant.
[RT I, 29.06.2012, 3 – entry into force 01.07.2012]

§ 2⁴.  Implementation of subsection 5 of § 41 of the Code of Civil Procedure

  [Repealed – RT I, 07.12.2018, 2 – entry into force 17.12.2018]

§ 2⁵.  Jurisdiction of district courts in connection with the entry into force of Agreement on Unified Patent Court

  For seven years following the entry into force of the Agreement on a Unified Patent Court (OJ C 175, 20.6.2013, pp. 1–40), jurisdiction to deal with cases related to infringement or revocation of European patents and cases related to infringement or declaration of invalidity of a supplementary protection certificate issued for a product protected by a European patent is also vested in district courts.
[RT I, 04.07.2017, 4 – entry into force 01.06.2023 – enters into force simultaneously with the entry into force, in respect of Estonia, of the Agreement on a Unified Patent Court and of the Agreement on the establishment of a Nordic-Baltic regional division of the Unified Patent Court (announcements of the Ministry of Foreign Affairs – RT II, 04.03.2023, 3 and RT II, 04.03.2023, 4)]

§ 3.  Allocation and determination of case costs

 (1) If proceedings were commenced before the entry into force of this Act, the allocation and determination of case costs is governed by the provisions of the Code of Civil Procedure hitherto in force.

 (2) A deposit fee is to be paid on applications for interim relief under the claim at issue that are filed before 1 January 2009. Although such applications are not subject to subsection 1¹ of § 383 of the Code of Civil Procedure, this does not preclude the court from exercising its right to require a guarantee under subsection 1 of the same section.

 (3) When resolving an application for the grant of procedural assistance after 1 January 2009, reasonable costs of the applicant’s housing and transport are taken into account even if the application for grant of procedural assistance was filed before 1 January 2009.
[RT I 2008, 59, 330 – entry into force 01.01.2009]

§ 3¹.  Taxation of the fee of trustee in bankruptcy

  If a bankruptcy petition is accepted before 1 January 2015, the fee of the trustee in bankruptcy is subject to taxation in accordance with subsection 2 of § 183 of the version the Code of Civil Procedure in force until 30 June 2014, and either the value added tax or the social tax charge is added to the fee of the interim trustee or of the trustee in bankruptcy.
[RT I, 21.06.2014, 8 – entry into force 01.07.2014]

§ 4.  Agreement on jurisdiction

  An agreement on jurisdiction entered into before the entry into force of this Act remains valid if it has been entered into in conformity with the requirements of the Code of Civil Procedure hitherto in force.

§ 4¹.  Right of appeal by a third party without an independent demand

  A third party without an independent demand who joined or was joined to proceedings before 1 January 2009 has no right to appeal the decision made in those proceedings.
[RT I 2008, 59, 330 – entry into force 01.01.2009]

§ 4².  Judgment in simplified form in simplified proceedings

  With respect to cases dealt with by simplified procedure, the opportunity to enter a judgment without the descriptive part or without the statement of reasons, as well as the restrictions on acceptance of appeals in those cases, do not apply if the claim was filed before 1 January 2009.
[RT I 2008, 59, 330 – entry into force 01.01.2009]

§ 4³.  Appeals or interim appeals in registry cases

  Appeals or interim appeals against orders which were rendered before 1 January 2009 and which are mentioned in section 599 of the version of the Code of Civil Procedure in force before 1 January 2009 may be filed within the time limit prescribed in that section.
[RT I 2008, 59, 330 – entry into force 01.01.2009]

§ 4⁴.  Implementation of subsections 2¹ and 2² of § 83, subsection 2 of § 871 and subsections 5¹ and 5² of § 93 of the Code of Enforcement Procedure

 (1) The minister responsible for the area enacts the regulations under subsection 2² of § 83 and subsection 52 of § 93 of the Code of Enforcement Procedure not later than on 1 January 2016.

 (2) The provisions of subsection 2¹ of § 83, subsection 2 of § 871 and subsection 5¹ of § 93 of the Code of Enforcement Procedure apply from the entry into force of the regulations referred to in subsection 1 of this section.
[RT I, 31.12.2012, 5 – entry into force 10.01.2013]

§ 4⁵.  Application of subsection 2 of § 231 of the Code of Enforcement Procedure

  The requirement concerning the use of an information system provided for in subsection 2 of § 23¹ of the Code of Enforcement Procedure applies starting 1 January 2015.
[RT I, 21.06.2014, 8 – entry into force 01.07.2014]

§ 4⁶.  Dissemination over computer networks of court decisions which have entered into effect

  Subsection 1 of § 462 of the Code of Civil Procedure applies to court decisions which enter into effect on or after 1 January 2006.
[RT I, 19.03.2019, 2 – entry into force 29.03.2019]

§ 5.  Participation in procedural operations before the Supreme Court

  A person who, at the time of entry into force of this Act, is a party to civil proceedings pending before the Supreme Court may participate in those proceedings without a representative.

§ 6.  Expedited procedure for orders for payment

 (1) Until the provision of corresponding technical conditions in the courts, the electronic expedited procedure for orders for payment prescribed in the Code of Civil Procedure is conducted on the basis of paper documents. The minister responsible for the area enacts, by regulation, the period and conditions of and procedure for transition to electronic expedited procedure for orders for payment.
[RT I 2008, 28, 180 – entry into force 15.07.2008]

 (2) Expedited procedure for orders for payment of claims exceeding 6390 euros is not conducted until 1 January 2010. That amount represents the total of the main and collateral claims.
[RT I 2010, 22, 108 – entry into force 01.01.2011]

 (3) The court, by order, denies a petition for expedited procedure for an order for payment if expedited procedure in the matter is not authorized by virtue of subsection 2 of this section.

 (4) If the claimant so requests, a statement of claim filed before 1 January 2006 may be dealt with as a petition for expedited procedure for an order for payment.

 (5) If the court receives a petition for expedited procedure for an order for payment before 1 January 2007, the court adjudicates that petition according to the rules applicable to expedited procedure for orders for payment before 1 January 2007.
[RT I 2006, 61, 457 – entry into force 01.01.2007]

 (6) If the court receives a petition for expedited procedure for an order for payment before 15 July 2008, the court adjudicates the petition according to the rules applicable to expedited procedure for orders for payment before 15 July 2008.
[RT I 2008, 28, 180 – entry into force 15.07.2008]

 (7) Jurisdiction over cases filed on or after the date of implementation of partial electronic expedited procedure for orders for payment, but before transition to a fully electronic expedited procedure, is determined as follows:
 1) petitions for expedited procedure for orders for payment on paper as well as petitions submitted electronically such that they cannot be processed in an automated manner at the court are filed with the courts specified in subsections 1–3 of § 108 of the Code of Civil Procedure;
 2) electronic petitions for expedited procedure for orders for payment which it is possible for the court to process in an automated manner are filed with the court specified in subsection 4 of § 108 of the Code of Civil Procedure.
[RT I 2008, 28, 180 – entry into force 15.07.2008]

 (8) The adjudication of a case filed under the expedited procedure for orders for payment which has been accepted before transition to a fully electronic procedure is completed by the district court dealing with the case.
[RT I 2008, 28, 180 – entry into force 15.07.2008]

 (9) As of the implementation of a fully electronic expedited procedure for orders for payment, jurisdiction over cases filed with the courts under the expedited procedure for orders for payment is determined in accordance with subsection 4 of § 108 of the Code of Civil Procedure.
[RT I 2008, 28, 180 – entry into force 15.07.2008]

§ 7.  Consideration of petitions for correction of court errors and petitions for review of judicial decisions that have entered into effect

  Consideration of petitions for the correction of court errors and petitions for review of judicial decisions that have entered into effect, filed before the entry into force of this Act, is conducted following the Code of Civil Procedure hitherto in force.

§ 8.  Application of the Code of Civil Procedure in arbitration proceedings

 (1) The validity of an arbitration agreement entered into before the entry into force of this Act is evaluated under the law hitherto in force.

 (1¹) The validity of an arbitration agreement entered into before 1 July 2015 is evaluated under the law in force before 1 July 2015.
[RT I, 12.03.2015, 5 – entry into force 01.07.2015]

 (2) Unless the parties agree otherwise, arbitration proceedings commenced before the entry into force of this Act are completed in accordance with the law hitherto in force.

 (3) Unless the parties agree otherwise, arbitration proceedings commenced before 10 January 2015 are completed in accordance with the law in force before 10 January 2015.
[RT I, 31.12.2014, 1 – entry into force 10.01.2015]

 (4) Unless the parties agree otherwise, arbitration proceedings commenced before 1 April 2019 are completed in accordance with the law in force until 31 March 2019.
[RT I, 19.03.2019, 8 – entry into force 01.04.2019]

 (5) Subsection 1 of § 753 of the version of the Code of Civil Procedure in force starting 1 April 2019 also applies to arbitration proceedings commenced before 1 April 2019.
[RT I, 19.03.2019, 8 – entry into force 01.04.2019]

§ 9.  Cases dealt with under the action-by-petition procedure

 (1) An appeal or appeal to the Supreme Court filed against a judgment rendered before the entry into force of this Act in a case dealt with by the action-by-petition procedure is heard, respectively, under the procedure for appeals or the procedure for appeals to the Supreme Court. In such a situation, preliminary operations under the procedure for appeals are performed by the court of the first instance and preliminary operations under the procedure for appeals to the Supreme Court are performed by the circuit court of appeal.

 (2) If a guardian has been appointed to an adult for an unlimited period of time before the entry into force of this Act, 1 January 2011 is deemed to be the latest date by which the court must, in accordance with clause 5 of subsection 2 of § 526 of the Code of Civil Procedure, decide on the termination or extension of guardianship.

 (3) Cases initiated before 1 January 2009 concerning the appointment of guardians or the placement of individuals in a closed institution are dealt with under the provisions in force before 1 January 2009 unless otherwise provided for in this section. This does not apply to the varying or termination of the orders rendered in such proceedings, or to extension of the time limits concerned.
[RT I 2008, 59, 330 – entry into force 01.01.2009]

§ 9¹.  Special rules for placement of persons in a closed institution during the emergency situation declared by the Government of the Republic on 12 March 2020

 (1) Under the procedure for placement of persons in a closed institution, during the emergency situation declared by the Government of the Republic on 12 March 2020 the court may authorize an extension of the time limit until which provisional legal protection is to be applied, without observing the requirement, provided for in the second sentence of subsection 5 of § 534 and in subsection 3 of § 535 of the Code of Civil Procedure, to hear the person concerned directly.

 (2) If the time limit until which provisional legal protection is to be applied, set under the second sentence of subsection 5 of § 534 of the Code of Civil Procedure, ends during the emergency situation declared by the Government of the Republic on 12 March 2020, the running of that time limit is suspended for the duration of the aforementioned emergency situation.

 (3) If the due date set under subsection 2 of § 538 of the Code of Civil Procedure arrives during the period that starts with the beginning of the emergency situation declared by the Government of the Republic on 12 March 2020 and ends when two months have elapsed after its end, the running of the time limit is suspended for the aforementioned period.
[RT I, 06.05.2020, 1 − entry into force 07.05.2020]

§ 10.  Continuation of activities of the Estonian Chamber of Commerce and Industry Arbitration Tribunal

  Entry into force of this Act does not restrict the continuation of the work of the Estonian Chamber of Commerce and Industry Arbitration Tribunal, which operated under the Republic of Estonia Estonian Chamber of Commerce and Industry Arbitration Tribunal Act, or the validity of that Tribunal’s procedure as hitherto in force provided the procedure in question is not contrary to the Code of Civil Procedure.

§ 11.  Enforcement proceedings based on an earlier enforceable title

 (1) Enforcement proceedings that have been commenced by the time of entry into force of this Act are conducted to conclusion also if they are based on an enforceable title that cannot be enforced under the Code of Enforcement Procedure. Enforcement proceedings may be commenced after the entry into force of this Act only based on an enforceable title that complies with the requirements of the Code of Enforcement Procedure, except in the situation provided for in subsection 4.

 (2) Revocation under the rules of recovery only applies to transactions that have been performed after the entry into force of the Code of Enforcement Procedure.

 (3) A person whose property has been seized or concerning whose property a notation prohibiting disposal has been entered by a bailiff before 1 March 2001 based on a claim in respect of which enforcement proceedings have not been pursued after that date has the right to file a petition with the court for preclusion, by unknown rightholder procedure provided for in the Code of Civil Procedure, of the rights of the party seeking enforcement.

 (4) A notarial agreement, authenticated before 31 December 2005, concerning a claim right which requires payment of a fixed sum of money or delivery of a specific quantity of fungible things or securities, may be presented for compulsory enforcement also after the entry into force of this Act if, under that agreement, the debtor has consented to immediate compulsory enforcement. A claim right arising under a pledge contract is also deemed to be a claim right which requires payment of a fixed sum of money; in relation to the contract, an agreement on immediate compulsory enforcement must be included in the agreement drawn up concerning the claim right secured by the pledge contract.
[RT I 2006, 7, 42 – entry into force 04.02.2006]

§ 11¹.  Application of Taxation Act to payment and set-off of case costs

 (1) Until 30 June 2014, subsection 51 of § 179 of the Code of Civil Procedure only applies to the payment and set-off of statutory fees charged for operations on the commercial register, the register of non-profit associations and foundations, the commercial pledge register and the land register.

 (2) Starting 3 February 2015, subsection 5¹ of § 179 of the Code of Civil Procedure applies to the payment and set-off of statutory fees charged for operations on the ship register and on the marital property register and for consideration of petitions for expedited procedure for orders for payment.
[RT I, 31.01.2014, 6 – entry into force 01.04.2014]

§ 11².  Implementation of subsection 5 of § 65 of the Code of Enforcement Procedure

  Subsection 5 of § 65 of the Code of Enforcement Procedure applies to enforcement cases initiated starting 1 October 2015.
[RT I, 12.03.2015, 4 – entry into force 01.10.2015]

§ 11³.  Procedure under Protocol No. 16 to the Convention on the Protection of Human Rights and Fundamental Freedoms

  Subsection 5 of § 33, subsection 5 of § 356, subsection 4 of § 358 and § 6811 of the Code of Civil Procedure apply from the day of entry into force, in respect of Estonia, of Protocol no. 16 to the Convention on the Protection of Human Rights and Fundamental Freedoms.
[RT I, 26.06.2017, 17 – entry into force 06.07.2017]

Chapter 2 AMENDMENT OF LEGISLATION  

§ 12. – § 99. [Omitted from this text.]

Chapter 3 PROVISIONS DELEGATING AUTHORITY AND ENTRY INTO FORCE OF THIS ACT  

§ 100.  Provision delegating authority

  The Government of the Republic arranges the publication of the consolidated text of the Code of Civil Procedure in the Riigi Teataja within two months following proclamation of this Act.

§ 101.  Entry into force of this Act

 (1) This Act enters into force on 1 January 2006.

 (2) Clause 3 of § 26, clauses 1 and 2 of § 32 and §§ 36, 50 and 65 of this Act enter into force on the tenth day following the date of publication of this Act in the Riigi Teataja.