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Code of Administrative Court Procedure

Passed 27.01.2011
RT I, 23.02.2011, 3
Entry into force 01.01.2012

Amended by the following legal instruments (show)

PART I FUNDAMENTAL PROVISIONS 

Chapter 1 Administrative Court Procedure 

§ 1.  Administrative court procedure and the body of rules governing that procedure

 (1) Administrative court procedure means the procedure for disposing of administrative cases. An administrative case is a case dealt with by the administrative courts.

 (2) This Code lays down the powers of administrative courts, the rules for recourse to such courts and the procedure before them – to the extent that this has not been regulated by other laws, by directly applicable treaties and by rules of European Union law.

 (3) In certain situations provided for by this Code, the Code of Civil Procedure is applied in administrative court proceedings, without prejudice to the rules specific to the latter.

 (4) Operations of administrative court procedure are performed in accordance with the law applicable at the time the operation is performed.

§ 2.  Purpose and general principles of administrative court procedure

 (1) The primary purpose of administrative court procedure is to protect persons’ rights against unlawful actions performed in the course of exercising executive authority.

 (2) An administrative case (hereinafter, also the ‘case’) must be dealt with – by an independent and impartial court – justly, fairly, within a reasonable time and at the lowest possible cost.

 (3) The court disposes of the case strictly within the scope of the complaint or other representation provided for by the law. The filing of such representations is in the discretion of the parties.

 (4) The court ensures, of its own motion, that facts material to disposing of the case are ascertained – where necessary, by taking evidence itself, or by requiring the parties to produce it. The court interprets and deals with representations of the parties according to the actual intention of the party making the representation.

 (5) At every stage of proceedings, the court provides sufficient explanations to ensure that no representation or item of evidence required to protect a party’s interests remains unrecognised because of the party’s lack of legal experience and that any defects of form that would prevent a representation from being considered are cured.

 (6) In relation to every issue material to disposing of the case, the court ensures that the parties have an effective and equal opportunity to present their views and state the reasons for those views, and to contest other parties’ views or support them.

 (7) Proceedings before administrative courts are open to the public unless the law provides otherwise.

Chapter 2 Court 

§ 3.  Courts to dispose of administrative cases

  In the first instance, an administrative case is disposed of by the administrative court, in the appellate instance by the circuit court of appeal and in the final instance by the Supreme Court. The Supreme Court also disposes of petitions to review a case and of any other representations provided for by the law.

§ 4.  Subject matter jurisdiction

 (1) Administrative courts have jurisdiction over disputes arising in public law relationships unless a different procedure has been provided by the law.

 (2) Other duties may be assigned to administrative courts by a law.

 (3) Complaints against actions of foreign authorities, of an international organisation or a body of such an organisation may not be filed with an Estonian court.

 (4) Unless the law provides otherwise, in proceedings in the administrative case the court independently and conclusively determines all circumstances material to disposing of the case.

§ 5.  Powers of administrative courts

 (1) When granting the complaint, the court may, in the operative part of the judgment:
 1) set aside the administrative decision in part or in full;
 2) order that an administrative decision be issued or an administrative operation be carried out;
 3) prohibit the issue of an administrative decision or the carrying out of an administrative operation;
 4) award compensation for harm caused in a public law relationship;
 5) issue a compliance notice requiring elimination of the consequences of an administrative decision or operation;
 6) ascertain that the administrative decision is void, that the administrative decision or operation is unlawful, or ascertain a circumstace that is material to the public law relationship.

 (2) If the administrative decision contains, or serves as the basis for, a private-law manifestation of volition by the respondent, the court may, when it sets aside the administrative decision, also ascertain, in the operative part of its judgment, that the transaction that the manifestation aimed to accomplish is void.

 (3) When exercising the powers listed in clauses 1–5 of subsection 1 of this section, the court has regard to the provisions of the State Liability Act.

 (4) The court may exercise the powers provided by subsection 1 of this section cumulatively as well as separately.

§ 6.  Administrative decision and administrative operation

 (1) For the purposes of administrative court procedure, the following are deemed to constitute administrative decisions: administrative decisions as defined in § 51 of the Administrative Procedure Act, administrative contracts as defined in § 95 of the Administrative Procedure Act, as well as any internal instrument of an administrative authority that regulates an individual case.

 (2) For the purposes of administrative court procedure, operations of administrative authorities are deemed to include any operation carried out in the course of administrative proceedings as well as any omission or delay by the authority in the public law relationship.

§ 7.  Territorial jurisdiction

 (1) The complaint is filed according to the locality of the respondent’s seat or place of service. Where the subject matter of the dispute is constituted by actions of the respondent’s regional branch or official, by the harm caused by such actions, or by their consequences, the complaint is filed according to the locality of the seat of the regional branch or of the place of service of the official.

 (2) If the administrative case could be within the jurisdiction of several courts, the complaint is filed according to the complainant’s choosing.

§ 8.  Exceptional territorial jurisdiction

 (1) Where, in the case, both the preliminary administrative decision and the conclusive decision founded on the preliminary one are contested, the complaint is filed according to jurisdiction over the conclusive decision.

 (2) Where, in the case, one respondent’s administrative decision and another respondent’s administrative operation carried out in relation to the first respondent’s decision, including any opinion, approval or enforcement operation of the other respondent, the complaint is filed according to jurisdiction over the decision.

 (3) Where, in the case, both the administrative decision and the decision made on the challenge against that decision – or any other decision made in pre-action proceedings – is contested, the complaint is filed according to jurisdiction over the initial administrative decision or operation.

 (4) In the case of a service dispute, the complaint is filed according to the locality of the place of service.

 (5) A person deprived of their liberty files the complaint according to the locality where they are held.

 (6) Where the respondent is the Tax and Customs Board or the Social Insurance Board, the complaint is filed with the court that serves the locality of the residence or seat of the complainant.
[RT I, 28.11.2017, 1 – entry into force 01.01.2018]

§ 9.  Conclusive effect of accepted territorial jurisdiction

 (1) Regardless of provisions of §§ 7 and 8 of this Code, the court has jurisdiction over the administrative case also if the parties have not contested jurisdiction within the time limit set for responding to the complaint.

 (2) Unless a principal party or a third party contests the order to transfer proceedings to the court having jurisdiction, the higher court does not verify or change jurisdiction in the case.

 (3) Where circumstances of the case change after the complaint was filed, this does not affect jurisdiction.

 (4) Where the complaint is amended before the court has accepted it and, in its amended version, the complaint falls in the jurisdiction of another court, the court makes an order to transfer the case to the court that has jurisdiction.

 (5) Jurisdiction cannot be changed by agreement between parties.

§ 10.  Verifying and determining territorial jurisdiction

 (1) Where the court ascertains, after the complaint has been filed, that the administrative case is not within its jurisdiction, it enters an order to transfer the case to the court that has jurisdiction. If the case could be within the jurisdiction of several courts, the court transfers the case to one of these according to the complainant’s choice. The order may be appealed to the circuit court of appeal. The order rendered by the circuit court of appeal on the appeal is not subject to further appeal.

 (2) The court transfers proceedings after the order has entered into effect. The court that transfers proceedings may perform urgent procedural operations – first and foremost, make interim protection orders.

 (3) Where proceedings have been transferred from one court to another, the court to which the proceedings were transferred must dispose of the case. Jurisdictional disputes between the courts are not allowed.

 (4) On a motion of a party or of the court that received the case, jurisdiction is determined by Chief Justice of the Administrative Law Chamber of the Supreme Court where:
 1) the court in whose jurisdiction the case falls cannot dispose of that case;
 2) it is not clear which court has jurisdiction over the case;
 3) in the same case, several courts of the same instance have ruled that the case does not fall within their jurisdiction, or
 4) in the same case, several courts of the same instance have ruled that the case falls within their jurisdiction.

§ 11.  Judicial panel

 (1) In the administrative court, an administrative case is disposed of by the judge sitting alone. The chief judge of the court may assign the case to a three-member judicial panel:
 1) if the case is particularly complicated;
 2) if a point of principle is at issue in the case;
 3) in other cases where this is in the interests of administration of justice.

 (2) A case that has been assigned in the administrative court to a three-member judicial panel may not be assigned to a judge sitting alone, except where the case has been remanded to the administrative court for a new trial or hearing, or where a claim or claims for relief have been separated from the case or where proceedings in the case are terminated in part. Any operations and orders related to accepting the complaint, as well as operations of preliminary proceedings and case management orders made by the court outside the trial or hearing – except for orders by which the court refuses to admit an item of evidence – may be made by any of the members of the three-member panel alone.

 (3) In the circuit court of appeal, the administrative case is disposed of by a three-member judicial panel.

 (4) In the Supreme Court, an administrative case is disposed of by the Administrative Law Chamber sitting as a panel of at least three members, by a special panel or by the Supreme Court en banc.

 (5) Where, during proceedings, there is a change in the panel dealing with the case, the trial or hearing recommences from the start. The new panel is not required to repeat procedural operations performed by the previous panel unless a corresponding motion is made by a principal party or third party in the case.

 (6) Motions or applications made to the court after the case has been disposed of do not need to be dealt with by the panel that rendered the disposition.

 (7) §§ 21–22 of the Code of Civil Procedure apply to the confidentiality of deliberations, to voting in collegiate panels and to judges’ dissenting opinions.

§ 12.  Court official

 (1) An order that prepares the case for consideration – or any other case management order that, under the law, cannot be appealed, including orders by which the court accepts the complaint, orders by which the court provisionally refuses to consider the complaint or other representation, as well as orders by which the court sets or extends a time limit – may also be made by a court official who possesses the corresponding authority under the court’s rules of procedure.

 (2) In drawing up or giving required form to a judicial disposition, the court may employ the assistance of a court official.

§ 13.  Recusal

 (1) Recusal of the judge is governed by §§ 23–30 of the Code of Civil Procedure.

 (2) In addition to the provision of subsection 1 of this section, a judge may not take part in disposing of the administrative case, and must recuse themselves, if they have participated in administrative proceedings that resulted in the dispute that is to be disposed of in the case.

§ 14.  Assistance between courts

 (1) Other courts assist the court dealing with the administrative case following the rules provided by § 15 of the Code of Civil Procedure. The court that deals with the administrative case may also seek the assistance of a district court.

 (2) In a situation where evidence needs to be taken outside the judicial district of the court that deals with the case, the court hearing the case may, in accordance with the rules provided by § 239 of the Code of Civil Procedure, issue an order that a procedural operation be performed, under a domestic letter of request, in the district court or administrative court in whose judicial district it is possible to take the evidence. The request made by the court is complied with in accordance with the rules provided by § 240 of the Code of Civil Procedure.

 (3) In administrative court proceedings, use of evidence taken in a foreign state in accordance with the laws of that state is permitted, provided the procedural operation performed in order to obtain the evidence is not contrary to material principles of Estonian administrative court procedure.

 (4) Letters of request addressed by an Estonian administrative court to law authorities of a foreign state and letters of request from the law authorities of such a state to an Estonian administrative court are to be presented and complied with following the rules provided by this Code and the relevant treaties. The court may also take evidence in a foreign state through the relevant foreign mission representing the Republic of Estonia, provided this is not prohibited under the law of the foreign state.

Chapter 3 Participants in Administrative Court Proceedings 

Subchapter 1 General Provisions on Parties 

§ 15.  Types of parties

 (1) Parties are:
 1) principal parties (the complainant and the respondent);
 2) third parties;
 3) any administrative authority added to proceedings.

 (2) An administrative authority of the state or of a municipality acts as a party in the name of the state or municipality.

 (3) For purposes of administrative court procedure, ‘administrative authority’ is deemed to refer to administrative authorities as defined in subsection 1 of § 8 of the Administrative Procedure Act.

§ 16.  Complainant

  The complainant is a person or an association of persons who has filed a complaint with the administrative court. An association of persons may appear as complainant only in situations provided for by the law.

§ 17.  Respondent

 (1) The respondent is the Government of the Republic, the Prime Minister, an authority of the state, a municipality, a public legal person – or a private legal or natural person who performs a public duty in their own name – against whose actions the complaint was filed or with whom the complainant is involved or with whom the complainant will most likely be involved in a dispute regarding a circumstance that the complaint asks the court to ascertain.

 (2) An authority of the state is the respondent also in situations where the dispute concerns the actions of an official – or a collegial body – affiliated to the authority. If the complainant contests the actions of an official or a collegial body that is not affiliated to any authority, the respondent is that official or that collegial body.

 (3) Where the case concerns a claim for compensation for harm caused by a judicial disposition, the respondent is the Ministry of Justice. Where the case concerns a claim for compensation for harm caused by a law by omission to adopt one, the respondent is the ministry in whose area of government the law falls.

 (4) The law may provide exceptions to subsections 1–3 of this section.

§ 18.  Identifying the respondent

 (1) The respondent of the case is identified by the court, having regard to the subject matter of the dispute. Partes’ views regarding identification of the respondent have no binding effect on the court.

 (2) If, during proceedings, the court finds that there is a respondent who has not or there are respondents who have not been added to proceedings, it adds the additional respondent or respondents. If, during proceedings, the court finds that the respondent has been identified erroneously, it replaces that respondent.

 (3) Where the respondent is replaced, or an additional respondent added, the trial or hearing is commenced anew if the new respondent makes a corresponding motion, with the exception of situations where the new respondent operates as a unit of, or is subordinated to, a previously added respondent.

§ 19.  Multiple principal parties

 (1) Several complainants may file a joint complaint, and a complaint may be filed jointly against several respondents, if:
 1) the dispute relates to a right that these persons hold jointly;
 2) several persons contest the same administrative decision or operation;
 3) the administrative decisions or operations of several respondents that form the subject matter of the relief sought are legally related, in particular, if one administrative decision or operation serves as the foundation for the other, or if the decisions or operations have been issued or taken in the same administrative proceedings, or
 4) the respondent’s administrative decisions or operations that constitute the subject matter of the relief sought are of the same type and were issued or taken on the same legal basis and under the same of similar circumstances.

 (2) In relation to the other principal party, each complainant and respondent participates in the proceedings independently. Unless the law provides otherwise, an operation of one complainant or respondent does not entail any legal consequences for their co-complainants or co-respondents.

§ 20.  Third party

 (1) In a situation where the judicial disposition may affect the rights or obligations of a person who is not a principal party to the case, the court adds the person to the proceedings as a third party.

 (2) Unless this Code provides otherwise, a third party enjoys the same rights in proceedings, and is subject to the same duties, as principal parties.

§ 21.  Adding a third party

 (1) The court may – on a motion of a party or of its own motion – add a third party to proceedings at any stage of the same and in any judicial instance until the judgment has entered into effect. A third party may move to be added to proceedings by appealing the judicial disposition entered in the case. In such a situation, the issue of adding the party is disposed at the time that acceptance of the appeal is disposed of. Unless the court rules otherwise, any procedural operations performed prior to addition of the third party have effect in respect of that party.

 (2) Before disposing of the issue of addition of a third party, the court may hear other parties.

 (3) A principal party or a third party may appeal the order by which a third party is added to proceedings. The order rendered by the circuit court of appeal in respect of the appeal is not subject to further appeal.

 (4) A person who seeks to be added to proceedings, as well as the principal party or third party whose interests may require addition of the third party, may appeal an order by which the court decided not to add the third party to proceedings, and the order rendered by the circuit court of appeal on the appeal may be further appealed to the Supreme Court.

 (5) Where it comes to light that the third party was added to proceedings without justification or where, due to a change in circumstances, it is manifest that the judgment can no longer affect the third party’s rights, the court may make an order by which it removes that party from proceedings. The order may be appealed by a principal party or the third party, and the order rendered by the circuit court of appeal on the appeal may be further appealed to the Supreme Court.

§ 22.  Class proceedings

 (1) In a situation where there may be more than 50 third parties in the administrative case, the court may apply the rules of class proceedings. Where this is the case, only those persons concerned are added to proceedings who applied for addition within the time limit. The corresponding motion may be filed within 30 days following publication of the relevant notice in accordance with § 23 of this Code.

 (2) The court adds to class proceedings, in accordance with regular rules, also any persons whose rights the case affects to a materially higher degree compared to others, in particular any addressees of the contested administrative decision as well as any persons who have taken an active part in administrative proceedings that gave rise to the dispute to be disposed of in the administrative case.

 (3) Where the notice provided for by subsection 2 of § 23 of this Code has been duly published, the person who did not, within the time limit, apply to be added to proceedings, may, when appealing the judicial disposition rendered in class proceedings, only rely on not having been added to the proceedings if the court violated the provisions of subsection 2 of this section and the person did not learn of class proceedings at the proper time.

 (4) Not making the motion to be added to proceedings does not limit a person’s right to file a complaint against the administrative decision or operation contested in class proceedings.

§ 23.  Notification of class proceedings

 (1) The court must choose as effective a means as possible for notifying the persons concerned of the administrative case to be dealt with under the rules of class proceedings, and of the time limit and rules for filing a motio for addition to those proceedings. Where this is possible, the court transmits the notice in person to those persons concerned who may be presumed to make arrangements for other persons concerned to be represented in the case, or to notify such other persons of the case. Where this is not unreasonably onerous, the court sends a written notice to the address of as many of the persons concerned as possible, or displays such a notice in the vicinity of their residence or at another location that they frequently visit.

 (2) In addition to what is provided for by subsection 1 of this section, the court publishes the notice on at least two occasions staggered by at least one week in a newspaper of national circulation and on at least two occasions staggered by at least one week through Estonian Public Broadcasting. The method and place of publication is noted in the case file.

§ 24.  Administrative authority added to proceedings

 (1) The administrative court may add to proceedings an administrative authority – in order for that authority to provide its opinion:
 1) who oversees the respondent;
 2) whose tasks the subject matter of the dispute concerns;
 3) who has issued or should have issued an opinion or has issued or should have issued an approval in administrative proceedings that gave rise to the dispute;
 4) whose opinion – or information that the authority possesses – may, for other reasons, facilitate disposition of the case.

 (2) An administrative authority added to the proceedings enjoys all the rights of a principal party set out in this Code, except for the rights and duties that have been enacted as exclusive to principal parties and third parties.

Subchapter 2 Participation in Administrative Court Proceedings 

§ 25.  Active legal capacity

 (1) Unless the law provides otherwise, a person of limited active legal capacity within the meaning of subsection 2 of § 8 of the Act on the General Part of the Civil Code does not have active legal capacity in administrative court proceedings.

 (2) A person of limited active legal capacity who is of full age has active legal capacity in administrative court proceedings if, in the court’s assessment:
 1) the limitation of capacity does not concern the administrative case;
 2) the interests of the person of limited active legal capacity may be in conflict with the interests of the person’s legal guardian, or
 3) the contrary view would jeopardise a right of the person of limited active legal capacity or of another party, or jeopardise a public interest.

 (3) A minor of at least 15 years of age has active legal capacity in administrative court proceedings if, in the court’s assessment, they understand the meaning of their procedural operations in the proceedings and do not harm their own interests or the interests of any person close to them.

 (4) The court ascertains the absence – in administrative court proceedings – of active legal capacity of a person of full age by an order made on a motion of a party or of the court’s own motion. An appeal may be filed against the order, and the order rendered by the circuit court of appeal in respect of the appeal may be further appealed to the Supreme Court. The order has effect strictly in the case in which it was made. When – in administrative court proceedings – the court verifies the presence of active legal capacity and when appealing the order by which the absence of such capacity was ascertained, the full-age person of limited active legal capacity has active legal capacity.

 (5) Where a person of full age has not been appointed a legal guardian, the court arranges an expert assessment before making an order provided for by subsection 4 of this section. The expert must personally examine or interview the person before issuing their opinion. The person in respect of whom expert assessment has been ordered is obligated to present themselves to the expert. If the person does not present themselves without a valid reason, the court may, having heard the opinion of the expert, order the person forcibly brought in to the expert, or enter the order provided for by subsection 4 of this section without examining or interviewing the person.

 (6) If the court ascertains that a person of full age who has no legal guardian does not possess active legal capacity or where it comes to light that the person needs to be appointed a guardian irrespective of the administrative case, the court notifies this without delay to the executive of the rural or urban municipality in which the party has their residence.

§ 26.  Participation of persons of limited active legal capacity in proceedings

 (1) If a person does not possess active legal capacity, the court does not permit them to participate in the proceedings. The court does not consider any representation that the person makes unless the person’s statutory representative approves it within the time limit set by the court. The absence of active legal capacity does not preclude refusing to consider the representation on other grounds provided by law.

 (2) The court may assign a representative to a person mentioned in subsection 2 of § 25 of this Code. If a party who does not possess active legal capacity in administrative court proceedings has no statutory representative or no appropriate authorised representative, the court appoints a representative to the person or suspends proceedings in the case until appointment of legal guardian.

 (3) Where a party who is a person of limited active legal capacity has active legal capacity in administrative court proceedings, this does not preclude or limit the right of the statutory representative to participate in the proceedings. A procedural operation performed by the representative is deemed to have been performed by the party, except where this is contrary to the procedural operation performed by, or the interests of, the party.

 (4) In a situation provided for by subsection 3 of this section, procedural documents that are meant for a party who is a person of limited active legal capacity are also served on their statutory representative and the court guarantees the representative the right to be heard in all issues of material importance for disposing of the case.

 (5) The court may hear a party who is a person of limited active legal capacity and at least 12 years of age provided, in the court’s assessment, the party’s level of development and state of health permit this.

§ 27.  Rights of parties

 (1) In addition to other rights provided by this Code, a party has a right to:
 1) acquaint themselves with the court file and obtain copies of the file;
 2) participate in the trial or hearing;
 3) know the composition of the panel dealing with the case;
 4) file motions for recusal and other motions and applications;
 5) provide explanations to the court and present justifications regarding any issue that has arisen in the course of hearing the case;
 6) offer items of evidence and participate in their examination;
 7) oppose any motions or applications, as well as justifications, filed by other parties;
 8) put questions to other parties, to witnesses and to experts;
 9) obtain a certified copy of the judicial disposition issued in document form.

 (2) In addition to other rights provided by this Code, the complainant has a right to:
 1) amend the complaint and the amount of relief sought by the complaint;
 2) abandon the complaint.

 (3) In addition to other rights provided by this Code, the respondent has a right to admit the complaint.

§ 28.  Duties of parties

 (1) Parties must exercise their procedural rights in good faith.

 (2) The court does not permit any party, or the party’s representative or adviser, to abuse their rights, to delay proceedings or to mislead the court. The court may impose a fine on any party, representative or adviser who maliciously interferes with the just and expeditious conduct of proceedings at the lowest possible cost, as well as on any party, representative or adviser who in a written representation has expressed themselves in an improper manner or has shown disrespect towards the court or another party.
[RT I, 28.11.2017 – entry into force 01.01.2018]

 (3) During judicial proceedings, a party – and the party’s representative – must, without delay, inform the court and other parties of any change, including temporary change, of their address or of the particulars of their means of telecommunication.
[RT I, 29.06.2012, 3 – entry into force 01.01.2013]

 (4) A party is obligated to present, at the proper time and in the form set by the court, any opinions and items of evidence that the court has required them to present.

 (5) A party or their statutory representative is obligated to appear at the trial or hearing or any other procedural operation in person if the court so requires.

§ 29.  Universal succession

 (1) In a situation where a party who is a natural person dies or a party who is a legal person is wound up or in any other situation that triggers universal succession, the court permits the universal successor of the party to enter proceedings, unless the law provides otherwise. Universal succession is possible at any stage of proceedings.

 (2) All procedural operations performed before entry of the universal successor in proceedings have effect in respect of the universal successor to the same extent as they would in respect of their legal predecessor.

 (3) Subsections 1 and 2 of this section also apply in situations where the respondent is wound up, merged or divided, or where the competence related to the subject matter of the complaint is transferred.

§ 30.  Rights of assignors and assignees in relation to transfers of ownership

 (1) The transfer of ownership of a property object related to the dispute, or the transfer of other similar rights or assignment of the claim does not in itself affect proceedings in the case. The transfer of ownership of a property object that occurs after the filing of the complaint does not amount to an independent ground for refusing to grant the complaint.

 (2) A transferee or an assignee may, in a situation mentioned in subsection 1 of this section, take the place of the transferor or assignor in the proceedings, provided the transferor or assignor agrees, and provided it is manifest, in the assessment of the court, that judgment in the case can no longer affect the rights of the transferor or assignor. All procedural operations performed before the entry of the transferee or assignee in proceedings have effect in respect of the transferee or assignee to the same extent as they would in respect of the transferor or assignor.

 (3) Where, in a situation in which there has been a transfer of ownership of a property object, it is not possible for the transferee to enter proceedings in accordance with subsection 2 of this section, the court adds the transferee to proceedings as a third party. Where this is the case, termination of proceedings on abandonment of the complaint also requires consent of the person to whom the rights of the complainant have been transferred.

 (4) Consent to substitution of the transferor or assignor is presumed to exist if the facts show that the transferor or assignor has lost interest in the case, in particular where it has not been possible, including on repeating the attempt, to serve procedural documents to the transferor or assignor at the address notified, or at any other address known, to the court.

Subchapter 3 Representation and Advice 

§ 31.  Representation

 (1) Unless the law provides otherwise, a party may participate in proceedings either in person or through a representative. Participation in person does not deprive the party of the right to have a representative or adviser. Participation of a representative or adviser does not deprive the party of the right to participate in proceedings in person.

 (2) The authority to represent a person in court empowers the representative to perform any procedural operation in the name of the principal. The party may limit the statutory scope of representation. Any limitation of the statutory scope of representation has effect with regard to the court and other parties strictly insofar as it concerns the authority to conclude the dispute by judicial settlement or to abandon or admit the complaint, provided the limitation has been notified to the court and the parties.

 (3) Representation is subject to subsections 5–8 of § 217, subsections 3–7 of § 219 and §§ 221, 224 and 225 of the Code of Civil Procedure.

 (4) In a situation where an association of persons does not possess legal personality, its statutory representative in proceedings before the administrative court is the person who can substantiate that a majority of the association’s members agree to have the person represent the association.

§ 32.  Authorised representatives

 (1) In administrative court proceedings, an authorised representative may be:
 1) an attorney;
 2) a person who possesses a higher legal education;
 3) in tax cases, a tax or accountancy consultant who possesses a higher education in economics;
 4) in cases a related to economic activities of the party, the party’s procurator;
 5) an official or employee of the party, provided the court deems them to possess sufficient knowledge and experience to represent the party;
 6) a complainant, respondent or third party authorised respectively by another complainant, respondent or third party;
 7) the spouse, registered partner or an ascendant or descendant of the party to proceedings who is being represented;
[RT I, 06.07.2023, 6 – entry into force 01.01.2024]
 8) any other person whose right to be a representative in administrative court proceedings arises from the law.

 (2) Persons mentioned in clauses 2 and 3 of subsection 1 of this section may not appear as representatives in the Supreme Court.

 (3) A person is deemed to have acquired a higher legal education or a higher education in economics if, in the relevant concentration of studies, they have earned at least a nationally recognised Master’s degree, an equivalent qualification within the meaning of subsection 2² of § 28 of the Republic of Estonia Education Act or an equivalent qualification conferred abroad.

 (4) The court may remove a representative from proceedings or bar them from making representations if the representative is not capable of participating in the proceedings in accordance with the requirements, including for reasons of insufficient knowledge of the Estonian language, or if the representative has, in judicial proceedings, shown themselves to be dishonest, incompetent or irresponsible, as well as if the representative has maliciously interfered with the just and expeditious conduct of proceedings at the lowest possible cost, or has repeatedly failed to comply with a direction of the court.

 (5) A person of limited active legal capacity may not appear as a representative.

 (6) For the purposes of applying clause 5 of subsection 1 of this section, an official who works in the ministry that is led by the minister who is a party is also deemed an official of the party.

§ 33.  Statutory representative of an administrative authority

 (1) The head of an authority that performs administrative duties is the authority’s statutory representative.

 (2) The head of a collegial body is the body’s statutory representative.

§ 34.  Joint representative

 (1) Where, in an administrative case, the number of parties who have similar interests and who are of the same type exceeds 50 and their other interests are not in conflict, the court may require such parties to select a joint representative by a fixed due date, provided this is needed for disposing of the case within a reasonable time.

 (2) To select a joint representative, a majority of the parties mentioned in subsection 1 of this section must manifest their volition. If the parties in question have not elected a joint representative by the due date, the court appoints, at their expense and as their representative, an attorney who has consented to the appointment.

 (3) An appeal may be filed with the circuit court of appeal against the orders mentioned in subsections 1 and 2 of this section. The order rendered by the circuit court of appeal on the appeal is not subject to further appeal.

 (4) The presence of the joint representative does not deprive any party of the right to participate themselves in the proceedings, or of the right to authorise another representative to represent themselves separately or jointly with another.

 (5) The authority of representation of a joint representative terminates when represented parties appoint a new representative, when the representative resigns representation or when the court revokes its appointment of the joint representative. The court revokes the appointment when the prerequisites provided by subsection 1 of this section are no longer present.

§ 35.  Verifying the authority of representation

 (1) Where a person who has filed a representation on behalf of another person lacks the authority of representation, the court refuses to consider the representation and does not permit the person to perform procedural operations in court.

 (2) A party may request verification of the authority of representation of the representative of another party at every stage of proceedings in every judicial instance.

 (3) If the absence of authority of representation is becomes evident during proceedings, the party is deemed not to have participated in proceedings in which they were represented without the authority of representation, unless the party subsequently ratifies the procedural operations performed by the person who purported to be the party’s representative.

 (4) An attorney is presumed to possess the authority of representation. Where a procedural document is signed by an attorney as a representative of the party, a corresponding power of attorney does not need not be annexed to the document, but the court is entitled to require its production.

§ 36.  Advisers

 (1) A party may, in proceedings, use a person of full active legal capacity as an adviser.

 (2) An adviser may appear in court together with the party and provide explanations. Advisers cannot perform procedural operations or make motions.

 (3) An adviser’s submissions at the trial or hearing are deemed to be those of the party unless immediately retracted or rectified by the party. The court explains this right to the party.

 (4) Subsection 4 of § 32 of this Code also applies to advisers.

Chapter 4 Complaint 

§ 37.  Complaint

 (1) Administrative court proceedings commence when complaint is filed with the court.

 (2) A complaint may seek:
 1) to set aside the administrative decision in full or in part (complaint to set the decision aside);
 2) the issuing of an administrative decision or performance of an administrative operation (mandamus complaint);
 3) a prohibition to issue a certain administrative decision or perform a certain administrative operation (prohibition complaint);
 4) compensation for harm caused in a public law relationship (compensation complaint);
 5) elimination of unlawful consequences of an administrative decision or operation (remediation complaint);
 6) a declaration that an administrative decision is void or that an administrative decision or operation is unlawful, or a declaration ascertaining other facts of material importance in a public law relationship (ascertainment complaint).

 (3) The complaint may, if the complainant so wishes, include several related items of relief (compound complaint). The items may also be alternative. The administrative court assesses the admissibility of a compound complaint with respect to each of the items separately.

 (4) A complaint to set an administrative decision aside may, in addition to setting aside the decision, also seek a declaration that a transaction mentioned in subsection 2 of § 5 of this Code is void.

§ 38.  Particulars in the complaint

 (1) The complaint states the following:
 1) complainant’s name, personal identification number (or, where the person does not possess such a number, their date of birth) or registry code as well as address and particulars of their means of telecommunication;
 2) names, addresses and particulars of the means of telecommunication of other parties;
 3) if the complainant has a representative, the representative’s name, address and particulars of their means of telecommunication;
 4) name of the administrative court;
 5) relief sought by the complaint in accordance with § 37 of this Code;
 6) substance, name, date and number of the disputed administrative decision or operation and the name of the administrative authority that issued the administrative decision or performed the operation, provided that presentation of this information is possible;
 7) factual reasons of the complaint;
 8) items of evidence that confirm the facts asserted by the complainant, including specific reference as to which item of evidence is intended to prove which fact;
 9) how and when the complainant learned of the contested administrative decision or operation;
 10) whether the complainant wishes the case to be considered at the trial or hearing, in written proceedings or in streamlined proceedings;
 11) a list of annexes to the complaint.

 (2) Where monetary compensation is sought, the amount of compensation must be stated in addition to the particulars provided for by subsection 1 of this section. Where compensation is claimed for non-pecuniary harm, as well as where it is impossible or unreasonably complicated for the complainant to determine the extent of pecuniary harm, the complainant may forgo stating the amount in the complaint and seek just compensation at the discretion of the court.

 (3) A claim for late interest or for interest may be made together with the principal head of relief in the complaint such that award of the late interest or interest is not requested as a specific amount but in full or in part as a percentage of the principal head of relief.

 (4) In addition to what is provided for by subsection 1 of this section, an ascertainment complaint explains why the filing of the complaint is needed to protect the complainant’s rights.

 (5) Where the complaint is filed after the time limit for filing it has expired, it must include a motion to reinstate the time limit and state the reasons for allowing the limit to expire.

 (6) The complaint may also include a motion for interim protection, as well as a motion to set a time limit for – or any other material conditions related to – compliance with the judgment, in accordance with § 168 of this Code.

 (7) If the complainant wishes to use the assistance of an interpreter in proceedings, this must be noted in the complaint and, if possible, the particulars of the interpreter must be provided.

 (8) In all other respects, complaints are subject to provisions of Chapter 5 of this Code.

§ 39.  Annexes to the complaint

 (1) The following must be annexed to the complaint:
 1) the administrative decision contested or a copy thereof, if in the complainant’s possession;
 2) where possible, evidence showing the time of service of the administrative decision or the time that the complainant learned of the administrative decision or operation, if, by the time the complaint is filed, a considerably longer period has elapsed following issue of the decision or performance of the operation than the time limit provided by law for filing the complaint;
 3) documents supporting the relief sought by the complainant, if these have not been presented to the respondent in the course of proceedings in which the administrative decision or operation that the complaint contests was issued or performed;
 4) information concerning payment of the statutory fee, or an application for financial aid;
 5) a power of attorney, where the complaint is signed by an authorised representative of the complainant, except if the representative is an attorney;
 6) where the complainant is a foreign legal person, a certificate concerning the person’s passive legal capacity and statutory representative.

 (2) A complaint filed in writing must include, for other parties, with the exception of co-complainants, copies of the complaint and of any annexes to it. Production of the copies is not required if the other party has the document in their possession as an original or a copy or if the complainant must transmit the document directly to that party.

§ 40.  Filing the complaint

 (1) The complaint may be filed:
 1) in writing by post, by delivering it to the court in person – or by having it delivered by another person, unless § 53 of this Code provides otherwise, or
[RT I, 29.06.2012, 3 – entry into force 01.01.2013]
 2) by electronic means in accordance with rules provided by § 336 of the Code of Civil Procedure.

 (2) A complaint drawn up in writing may be delivered to any courthouse of an Estonian administrative or district court. The court, without delay, transmits the complaint and any annexes to it to the court in whose territorial jurisdiction the case falls.

§ 41.  Subject matter of dispute

 (1) In administrative court proceedings, the subject matter of the dispute is determined by the relief sought by the complaint in accordance with § 37 of this Code, and by the cause of complaint. The court may not render judgment in respect of an item of relief or a cause that has not been stated in the complaint and may not exceed the scope of relief sought.

 (2) The cause of complaint is the body of principal facts in relation to which relief is sought.

 (3) When granting a mandamus complaint, the court may order the respondent to both issue the administrative decision or perform the administrative operation and to make a new determination concerning the issuing of the decision or performance of the operation.

 (4) The administrative court may ascertain that an administrative decision is void among other things based on a complaint that seeks to set the decision aside. The court may also set the decision aside based on a complaint seeking a declaration that the decision is void, provided the complaint meets the requirements established for complaints to set the decision aside.

 (5) Where the preconditions established in the law for a claim for compensation for non-pecuniary harm are met, yet the court decides not to award compensation in accordance with the conditions provided by law, the court may, in lieu of ordering payment of compensation, ascertain the unlawfulness of the administrative decision or operation that caused the harm.

§ 42.  Complaint against an ancillary condition

 (1) The court may set aside an ancillary condition of an administrative decision separately from the main provisions of the decision only if:
 1) the respondent was required to issue the decision without any ancillary conditions or
 2) setting aside the condition separately from the decision does not harm public interest or interfere with the rights of third parties.

 (2) In other situations when disposing of an item of relief seeking the setting aside of an ancillary condition, the court sets aside the administrative decision as a whole and directs that a new administrative decision be issued.

§ 43.  Repeated complaint

 (1) The filing of a complaint with the administrative court is not permitted if the same person has already filed a complaint with the court for the same relief in the same cause and:
 1) the judgment rendered on the complaint has entered into effect;
 2) a court order terminating proceedings on the complaint has entered into effect or
 3) proceedings on the previous complaint are pending before the court.

 (2) Return and dismissal of the complaint does not deprive the person of the right of new recourse to the court. When the complaint is returned or dismissed, the court is deemed not to have dealt with it.

§ 44.  Standing

 (1) A person may file a complaint with the administrative court strictly in order to protect their rights.

 (2) For other purposes, including protection of rights of another person or protection of a public interest, a person may file a complaint strictly in situations provided for by law.

 (3) An association of persons that does not possess legal personality may file a complaint strictly in situations provided for by law.

 (4) The state, a municipality or a public legal person may file a complaint against another public authority in order to protect its rights – including the right to property or any rights arising from an administrative contract.

 (5) A municipality may also file a complaint in a situation where an administrative decision or operation of another public authority significantly hinders or complicates performance of the municipality’s duties.

§ 45.  Limitations of standing

 (1) A prohibition complaint may be filed strictly if there is reason to believe that the respondent is going to issue an administrative decision or to perform an administrative operation that will infringe the complainant’s rights and those rights cannot be effectively protected by subsequently contesting the administrative decision or operation.

 (2) An ascertainment complaint may be filed strictly in the absence of more efficient remedies for protecting the right in question. Intention to file a compensation complaint at a later date does not give the complainant standing to file an ascertainment complaint.
[RT I, 28.11.2017 – entry into force 01.01.2018]

 (3) A complaint may be filed against a procedural operation without contesting the administrative decision or the conclusive operation, if that procedural operation infringes the complainant’s non-procedural rights independently of the administrative decision or conclusive operation, or if the unlawfulness of the procedural operation would inevitably lead to the issue of an administrative decision or performance of a conclusive operation that infringes the complainant’s rights.

 (4) A complaint may be filed against a decision made concerning an administrative challenge without contesting the administrative decision or operation that is the subject matter of the challenge if the decision infringes the complainant’s rights independently of the subject matter of the challenge. The same applies to contestation of decisions made in the course of other pre-action proceedings.

§ 46.  Time limit for filing the complaint

 (1) An annulment complaint may be filed within thirty days following the date on which the administrative decision was notified to the complainant.

 (2) A mandamus complaint may be filed within thirty days following the date on which the refusal to issue an administrative decision or to take an administrative operation was notified to the complainant. In the event of omission or delay by the administrative authority, a mandamus complaint may be filed within one year following expiry of the time limit for issuing the administrative decision or performing the administrative operation. Where no such time limit has been established, in the event of omission or delay a mandamus complaint may be filed within two years following the filing of application for the administrative decision or operation.

 (3) A prohibition complaint may be filed without time limitations.

 (4) A compensation complaint or remediation complaint may be filed within three years following the day when the complainant became aware or should have become aware of the harm and of the person who caused the harm or of the consequences of the administrative decision or operation whose elimination the complainant seeks. Nevertheless, neither a compensation nor a reparation complaint may be filed later than ten years after the issue of the administrative decision or legislative act, performance of the administrative operation or notification of the disposition rendered in the administration of justice that caused the harm or gave rise to the consequences.

 (5) A complaint to ascertain the unlawfulness of an administrative decision or operation may be filed within three years following issue of the administrative decision or performance of the administrative operation. Other ascertainment complaints may be filed without time limitations.

 (6) The law may prescribe time limits for the filing of complaints that differ from the time limits provided by subsections 1–5 of this section.

 (7) Where the administrative decision or refusal has not been notified to the complainant, yet the complainant has learned of the decision or refusal by other methods, but has unreasonably delayed with the filing of an annulment or mandamus complaint, the time limit for filing the complaint is deemed to have expired.

§ 47.  Pre-action proceedings

 (1) The law may prescribe mandatory challenge proceedings or other mandatory pre-action proceedings to dispose of certain types of claims. In that case, a complaint may be filed only if the person has followed the rules prescribed for obtaining a pre-action disposition concerning the relief thy have requested and only to the extent that, under those rules, the person was not granted the relief in due time.

 (2) In a situation where the person has followed the rules for obtaining a pre-action disposition concerning the relief they have requested, a complaint seeking the relief may be filed – unless the law provides otherwise – within 30 days from the day when the disposition concluding pre-action proceedings was notified to the person.

 (3) Where the administrative authority to dispose of the relief in pre-action proceedings unlawfully delays its disposition, the complaint must be filed within one year following expiry of the time limit for rendering the disposition in those proceedings. Where no such time limit has been established, the complaint may be filed within two years following the filing of the request for relief in pre-action proceedings.

§ 48.  Joinder of complaints and separation of heads of relief

 (1) If the same court conducts proceedings at the same time in several cases that oppose the same principal parties or in which a complaint is filed by the same complainant against different respondents – or by several complainants against the same respondent – the court may join the complaints into single proceedings provided that, in accordance with subsection 1 of § 19 and subsection 3 of § 37 of this Code the heads of relief of these complaints could have been stated in a single complaint and provided that joint proceedings on these complaints allows for speedier and simpler disposition of the case.

 (2) If the court finds that separation of the heads of relief stated in the complaint will allow the case to be dealt with in a speedier manner or that those heads should not have been included in the same complaint, it enters an order by which it separates them into independent proceedings.

§ 49.  Amending the complaint

 (1) The complainant may amend a head of relief stated in the complaint, or the cause of complaint, before commencement of closing arguments in the administrative court or – in written proceedings – until expiry of the time limit for the making of motions, provided that, in the court’s assessment, this serves the purpose of achieving the aim of the complaint and provided filing the complaint as amended would be admissible under this Code. When verifying compliance with the time limit for filing the complaint, the new head of relief is deemed to have been filed at the time the initial complaint was filed.

 (2) When the time limit – including in proceedings on appeal against judgment and in proceedings on appeal to the Supreme Court – mentioned in the first sentence of subsection 1 of this section has expired, the head of relief stated in the complaint and the cause of complaint may be amended on conditions mentioned in subsection 1 of this section and strictly in presence of a valid reason, first and foremost when this is required by a circumstance that the court of higher instance must take into consideration under this Code or where a rule of procedure has been infringed by the lower court.

 (3) The following are not deemed to constitute amendment of complaint:
 1) supplementation or rectification of factual or legal assertions made without amending the cause of the head of relief;
 2) increasing or reducing the amount of a head of monetary relief;
 3) on account of a change in the circumstances, substituting, for the property object originally sought, a different property object or legally protected interest;
 4) making or amending a motion to set a time limit or other conditions for compliance with the judgment;
 5) striking out a head of relief from a compound complaint without replacing it with a new head.

 (4) In a situation mentioned in clause 5 of subsection 3 of this section, provisions that govern abandonment of complaints apply.

 (5) Where, on account of amendments or supplementation or due to other reasons, the complaint has become difficult to follow, the court may require its full text to be provided, if this facilitates disposition of the case.

 (6) An appeal may be filed against any order of the administrative court or the circuit court of appeal by which the court refuses to accept amendment of the complaint. The order entered by the circuit court of appeal in respect of the appeal may be further appealed to the Supreme Court.
[RT I, 28.11.2017 – entry into force 01.01.2018]

PART II GENERAL PROVISIONS ON PROCEEDINGS 

Chapter 5 Parties’ Representations 

§ 50.  Definition and truth of representations

 (1) For the purposes of administrative court procedure, any motion, assertion, opinion, response, objection, as well as modification of, addition to or abandonment of a representation, and any other manifestation of volition or notice constitute a representation. Except where this Code provides otherwise, provisions on representations apply to complaints, appeals against judgments of circuit courts of appeal, appeals against judgments to the Supreme Court, appeals against court orders and petitions for review.

 (2) Any representations made by a party concerning factual circumstances relevant to the case must be truthful. The court may, without prior caution, impose a fine on any party who, knowingly or out of gross negligence, makes to the court a factual assertion that is not truthful.

§ 51.  Representation: time of making

 (1) Parties must make their representations as early in proceedings as possible and as needed for the case to be dealt with expeditiously and justly.

 (2) Any representations concerning which it is unlikely that a party is able to express their views without acquainting themselves with what has been submitted must be made before the trial or hearing scheduled in the case such that other parties are given sufficient opportunity to acquaint themselves with what was submitted and to formulate their views.

 (3) A representation that contains new facts or motions must be made such that it can be transmitted to other parties at least seven days before the trial or hearing. Where the case is considered in written proceedings, the representation must be made such that it can be transmitted to other parties at least seven days before expiry of the time limit for provision of procedural documents. Where the court sets a time limit for provision of documents in streamlined proceedings, the second sentence of this subsection also applies in those proceedings.

 (4) Where a party makes a representation after expiry of the time limit set for this by the court, or in violation of subsections 1−3 of this section, the court considers the declaration only if, in the court’s assessment, this does not cause a delay in proceedings, or if the party substantiates that there was a valid reason for the delay.

 (5) A representation is deemed to have been made to the court at the time that:
 1) the written representation has reached the court;
 2) a representation made orally at the trial or hearing has been entered in the record of the trial or hearing and the record has been signed;
 3) an electronic representation has been sent in accordance with the requirements to the prescribed e-mail address and has been recorded in the device prescribed for such operations;
 4) an electronic representation has been recorded in the eFile system for the management of procedural information that is provided for by § 60¹ of the Code of Civil Procedure.

§ 52.  Form of representation

 (1) The wording of a representation must be as clear and succinct as possible. It is prohibited for the representant to express themselves in an improper manner or to show disrespect to the court or to another party.
[RT I, 28.11.2017 – entry into force 01.01.2018]

 (2) A party may make their representations in writing or, during the trial or hearing, orally. Any representations that are made orally at the trial or hearing are entered in the record of the proceedings.

 (3) Where a representation is made to the court electronically, the court arranges the making of copies or printouts of the representation, if another party cannot be expected to receive an electronic representation or if they cannot be expected to acquaint themselves with its content or print it out. No statutory fee is charged for the making of such copies or printouts.

 (4) Where a representation is signed by a party’s representative, the power of attorney or other document establishing the representative’s authority of representing the party is annexed to the first representation that the representative makes in the case. Where the representation is signed by a representative who is an attorney, the annexation of a power of attorney is not required, but the court may demand its production.

 (5) The obligation of providing copies that is laid down by subsection 1 of § 340 of the Code of Civil Procedure is disregarded where the party is a person who has been deprived of their liberty. In such a situation, should this be needed, the making of copies is arranged by the court. Such copies are subject to payment of statutory fee at the rate established for issuing or transmission in judicial proceedings of copies of a document, or of printouts of an electronic document.

 (6) The form of a representation is subject to provisions of §§ 334−337, 339 and 340 of the Code of Civil Procedure, without prejudice to specific requirements that emanate from this section.

§ 53.  Complaints and representations of authorised representatives, legal persons and administrative authorities

 (1) In the absence of valid reasons for making a complaint, motion or other representation to the court in another form, an authorised representative mentioned in clauses 1–5 of subsection 1 of § 32 of this Code, a legal person or an administrative authority make it to the court in electronic form.

 (2) An attorney or administrative authority sends any representation they make to the court, together with any annexes thereof, directly to the attorneys of other parties and to any administrative authority participating in proceedings, notifying this to the court while following provisions of § 337 of the Code of Civil Procedure.
[RT I, 29.06.2012, 3 – entry into force 01.01.2013]

§ 54.  Content of representation made to the court

  A representation made to the court by a party states:
 1) the names of the parties and, where possible, their personal identification or registration numbers, addresses and particulars of means of communication;
 2) the name of the court;
 3) where proceedings are pending in the administrative case, its docket number;
 4) where this is needed, the motion made by the party;
 5) where this is needed, the circumstances that justify the representation;
 6) a list of annexes to the representation;
 7) the signature of the party or of their representative or, where the representation is an electronic one, a digital signature or other marker that makes it possible to identify – in accordance with the provisions of § 336 of the Code of Civil Procedure – the person who signed the representation.

§ 55.  Curing of defects in representation

 (1) Where a representation made by a party does not meet requirements for its form or substance, or where its making is tainted by other defects that are curable, including non-payment of the statutory fee, the court provisionally refuses to consider the representation and sets the party a time limit for curing its defects.
[RT I, 08.12.2021, 1 – entry into force 01.01.2022]

 (2) If the party has not, by the due date set by the court, cured the defects of a representation that contains a motion or application, the court, by an order that sets out the relevant reasons, dismisses the representation. Where the defects of any other representation have not been cured by the due date set by the court, the court may disregard the representation.

 (3) Unless this Code provides otherwise, the court may dismiss or disregard also any repeat representation made in the same circumstances and on the same grounds as a representation that has previously been disposed of in the same court.

Chapter 6 Evidence 

§ 56.  Item of evidence

 (1) ‘Item of evidence’ means any information that appears in the procedural form prescribed by the law, and based on which, in accordance with the rules provided by the law, the court ascertains the presence or absence of facts that serve as foundation for relief sought or objections made by the parties, as well as any other facts material to disposing of the case justly.

 (2) Items of evidence admissible in administrative court proceedings include all such items permitted in civil proceedings by virtue of §§ 251–305 of the Code of Civil Procedure, as well as items permitted by this Code. Unless this Code provides otherwise, the offering, taking and examination of evidence in administrative cases is subject to the provisions of §§ 236–243 of the Code of Civil Procedure.

 (3) Where a party makes a corresponding motion, the court may, where this is needed, employ the procedure for preliminary taking of evidence provided by §§ 244–250 of the Code of Civil Procedure.

 (4) The recusal of experts is governed by provisions of § 31 of the Code of Civil Procedure.

§ 57.  Official assistance

 (1) Where certain information, which is inevitably necessary in order to dispose of the administrative case, can only be ascertained by an administrative authority, the authority must, within the scope of its competence and powers, provide official assistance to the court dealing with the case. The court does not seek official assistance from the authority in situations provided for by subsection 2 of § 18 of the Administrative Cooperation Act.

 (2) An administrative authority provides official assistance on the basis of a court order. Among other particulars, the order states the aim sought by requesting, and the nature of, the assistance. The order may be appealed by a principal or third party, or by the administrative authority that has been required to provide the assistance. The order rendered by the circuit court of appeal on the appeal is not subject to further appeal.

 (3) The court that ordered the provision of official assistance does not reimburse the administrative authority for the costs that the authority incurred when providing the assistance. The authority may submit, to the court considering the administrative case, the particulars and expense documents concerning the costs of providing the assistance. In such a situation, those costs are deemed to be part of the costs of the case.

§ 58.  Requiring disclosure of information

  The court may require a party, as well as an administrative authority that is not a party, a party’s employer, insurance company or credit institution to disclose information needed to dispose of the case or motion or application, provided the authority or other person can be presumed to possess such information and provided the law does not regulate otherwise. The party, authority or person is obligated to provide the information within the time limit established by the court. The court may impose a fine on any person who violates this obligation.

§ 59.  Burden of proof

 (1) Unless the law provides otherwise, a party must prove the circumstances on which their assertions are founded and, if the court requires this, also circumstances concerning which the party may be presumed to have access to the corresponding items of evidence. Where production of the items is not possible, reasons for the impossibility must be shown and the location or possible location of the items must be stated.

 (2) The burden of proof in administrative court proceedings may not be redistributed by an agreement of the parties differently from what is provided by a law.

 (3) Where items of evidence required for the just disposition of the case have not been produced or where they are insufficient, the court invites the party who must prove the circumstance to produce the items, or takes evidence itself. When issuing the invitation, the court explains which circumstances must be proved.

 (4) Where a party does not produce an item of evidence concerning a circumstance that they are required to prove under subsection 1 of this section, and evidence concerning that circumstance or rebutting it cannot be obtained by other means, the court may assess the circumstance adversely to the party.

§ 60.  Grounds for exemption from the duty to produce evidence

 (1) Evidence does not need to be produced concerning circumstances of which the court finds it can take judicial notice. Circumstances that the court may so find are those regarding which reliable information is available from sources outside the proceedings.

 (2) The court may deem a factual circumstance asserted by a party to have been proved if the other parties admit that fact and if such admission does not prejudice the rights of non-parties, or the public interest. Admission means unconditional and express agreement with a factual assertion that is stated in a representation made to the court in accordance with the rules provided by subsection 2 of § 52 of this Code. An admission is assessed by the court together with other items of evidence.

 (3) An admission may be withdrawn if the withdrawing party shows that the assertion that they admitted and that concerns the presence or absence of a circumstance, is untrue and that the admission was caused by a mistaken notion of the circumstance. In such a situation, the circumstance is not deemed to be admitted.

 (4) The court cannot assume the truth of a factual circumstance of decisive importance for disposition of the case merely on the basis of absence, in representations or objections made by other parties, of an express contestation of its presence, unless the need to contest the circumstance had to be manifest to the party.

§ 61.  Assessment of evidence and of the amount of relief sought

 (1) The court follows the law in comprehensively, fully and objectively assessing the items of evidence, and decides, according to its inner conviction, whether or not an assertion made by a party has been proved.

 (2) No item of evidence possesses pre-determined strength for the court. The court assesses all items as a whole, having regard to mutual connections between them.

 (3) In administrative court proceedings, no item of evidence may be assigned pre-determined strength by an agreement of the parties, nor may the type or form of such items, or the method of their offering, taking or examination be limited by such agreement. Abandonment or withdrawal of an item has no binding force on the administrative court when it disposes of the case.

 (4) Circumstances that have been ascertained in the reasons of an earlier judicial disposition that has entered into effect are assessed by the court as part of the body of evidence in the case.

 (5) Where the court has not been successful in ascertaining the amount of pecuniary or non-pecuniary relief – including a claim for compensation – sought, or where ascertaining the amount is materially complicated or unreasonably costly, the court determines the amount of relief according to its inner conviction, having regard to all circumstances of the case.

§ 62.  Proper time for offering, and relevance and admissibility of, items of evidence

 (1) In preliminary proceedings, the court sets a time limit to parties for offering items of evidence and for making motions to have such items taken, explaining to the parties which specific circumstances they must provide evidence of. Where, on expiry of the time limit, an item of evidence has not been offered or a motion for the taking of evidence made, subsequent reliance on that item is allowed strictly on conditions set out in subsection 4 of § 51 of this Code. Where the court does not hold the trial or hearing in the case, and has not, in preliminary proceedings, set a time limit for offering evidence and making motions for its taking, evidence may also be offered after conclusion of preliminary proceedings, but only on the presumption that this does not cause a delay in disposing of the case.

 (2) The court admits, or arranges for the taking of and has regard when disposing of the case, strictly items of evidence that are relevant to the case. An item is not relevant, among other situations, where the corresponding circumstance does not need to be proved, or where it has, in the court’s assessment, already been sufficiently proved.

 (3) In addition to the provision of subsection 2 of this section, the court may refuse to admit an item of evidence and return the same, or refuse to take evidence where:
 1) the item has been obtained by committing a criminal offence or violating a fundamental right;
 2) the item is not available, first and foremost where the whereabouts of a document or the particulars of a witness are not known, or where, on the basis of known particulars, it has not been possible, on repeated attempts, to deliver a summons to the witness, or where the relevance of the item is disproportionate to the time that must be spent to obtain it, or to any other difficulties related to it;
 3) no reasons have been given for the need to offer or take the evidence.

 (4) Where it was decided not to grant a party’s motion for the taking of evidence because it was made belatedly or because the party failed to make the advance payment required by the court to cover costs related to the taking of evidence, that party has no right to apply for the taking of the evidence later, in so far as the grant of the motion would cause the trial or hearing of the case to be postponed.

 (5) When it refuses to admit, or take, an item of evidence, the court renders the ruling as a reasoned order.

 (6) In situations mentioned in subsections 2 and 3 of this section, the court may, when disposing of the case, also decide not to take into account an item of evidence that has been admitted or taken. The court may also decide not to take into account an item that, in the court’s assessment, is clearly unreliable. The court must state its reasons for not taking the item into account.

§ 63.  Substantiation

  Substantiation means explaining a factual assertion to the court such that the court finds the assertion credible. To substantiate an assertion, a party may use items of evidence as well as information that does not appear in the procedural form provided for by the law.

§ 64.  Party’s examination under oath

 (1) A party who has been unable to prove, by other evidence, a circumstance that they needed to prove, or who has not produced any other evidence, may, in order to prove the circumstance, make a motion to have another party examined under oath. The court examines the other party under oath strictly if the party obligated to produce the evidence shows that the production or taking of evidence by other methods is fraught with material difficulties.

 (2) A party may be examined under oath also of the court’s own motion, provided it is not possible to take evidence regarding the circumstance that needs to be proved by other methods, or that such taking of evidence would be unreasonably burdensome.

 (3) For a legal person, its statutory representative – or, for a branch of a foreign company, the branch manager – may be examined under oath. For an administrative authority, the person to be examined is the head of the authority or any other person who acted in the authority’s name and participated in administrative proceedings that gave rise to the dispute to be disposed of in the administrative case.

 (4) In all other respects, a party’s examination under oath is subject to provisions of §§ 269–271 of the Code of Civil Procedure.

§ 65.  Evidence taken in administrative proceedings and in offence proceedings

 (1) The court may, when disposing of the case, consider as items of evidence any statements entered, or written or oral explanations provided in the record of, or recorded in, administrative or offence proceedings, as well as any other items that served as evidence in administrative proceedings that gave rise to the dispute to be disposed of in the administrative case.

 (2) When it accepts an item of evidence mentioned in subsection 1 of this section, the court – where a corresponding motion is made by a party – examines, as a witness or under oath, the person whose statement or explanations the item contains, provided this is needed in order to dispose of the case justly, first and foremost if the statement or explanations provided by that person are unclear, ambiguous, materially contradictory or incomplete, or if there is reasonable suspicion that the person has made a false statement.
[RT I, 28.11.2017, 1 – entry into force 01.01.2018]

Chapter 7 Procedural Time Limits 

§ 66.  Procedural time limit and due date

 (1) ‘Procedural time limit’ means a set period of time to which legal consequences are attached in administrative court proceedings. A procedural time limit is set as a number of years, days or other time units or by reference to a specific event or events.

 (2) ‘Due date’ means the last day of the time limit.

§ 67.  Start and end of time limit

 (1) A time limit starts to run on the day following the calendar day or event that marks the start of the time limit.

 (2) A time limit set by the court starts to run on the day following the day of service of the procedural document in which the time limit is set, unless otherwise prescribed when setting the limit. Where service of the document is not required, the time limit starts to run on the day following the day on which notification concerning the setting of the time limit was received.

 (3) Arrival of the due date is subject to provisions of subsections 1–7 and 9 of § 136 of the Act on the General Part of the Civil Code.

 (4) A time limit ends at midnight (24:00) of the due date, unless the law provides, or the court sets, a different time. Where the due date falls on a day that is not a business day, the time limit ends on the next business day.

 (5) Where a time limit is calculated in time units that are shorter than a day, it starts to run at the moment it is notified and ends when the time unit arrives, unless the law provides or the court has determined otherwise.

§ 68.  Time of performance of procedural operation

 (1) Unless the law provides otherwise, a procedural operation may be performed during the entire period of the time limit, until midnight (24:00) on the due date. Where a procedural operation has to be performed in court, it may be performed during the entire period of the time limit until the end of the court’s business day on the due date.

 (2) A representation is deemed to have been made within the time limit if it is handed over for dispatch to a post office before midnight (24:00) on the due date. Transmission of the text of a document to the court by fax or other means of telecommunication is deemed equivalent to handing over the document to a post office.

 (3) In a situation where a representation is made to a court that does not have subject matter jurisdiction to deal with it, or to a court that is not the right court in terms of territorial jurisdiction, the representation is transmitted to the court that has the relevant jurisdiction. In such a situation, the time limit for performance of the procedural operation is deemed to have been complied with if the document reached the wrong court at the proper time.

 (4) A representation of a person held in a prison or other custodial institution is deemed to have been made to the court at the proper time if it was handed over on the due date to the relevant institution. The institution transmits the representation to the court without delay.

§ 69.  Varying the time limit

 (1) The court may, on a substantiated representation or of its own motion, subject to the presence of a valid reason, extend any procedural time limit that it has set.

 (2) The court may, where a valid reason is present, reduce a time limit that it has set, provided it is possible to notify this in good time to the party for whom the time limit entails legal consequences.

§ 70.  Consequences of failing to perform a procedural operation at the proper time

  Where the procedural operation has not been performed at the proper time, the party does not have the right to perform the operation at a later time, unless the court reinstates the relevant statutory time limit or extends the limit that it has set itself. This applies without regard to whether or not the party had been cautioned of such a consequence.

§ 71.  Restoration of time limits provided by law

 (1) Where a party has allowed a procedural time limit provided by the law to expire, the court may, on the party’s motion, reinstate that time limit, provided the party was unable to observe it for a valid reason.

 (2) Restoration of the time limit may be applied for within the time limit provided by the law after the valid reason that prevented observance of the time limit becomes inoperative, but not later than 14 days after the obstacle became inoperative.

 (3) The motion to reinstate a time limit states the circumstances on which reinstatement is founded and substantiates those circumstances. The motion is made to the court in which the procedural operation should have been performed.

 (4) Concurrently with making the motion to reinstate the time limit, the procedural operation must be performed that the reinstatement is for.

 (5) The court disposes of the motion to reinstate a time limit by an order.

 (6) An appeal may be filed against an order by which the court reinstates or refuses to reinstate a time limit. Unless the law provides otherwise, the order rendered by the circuit court of appeal on the appeal is not subject to further appeal.

 (7) On reinstatement of a time limit, proceedings are resumed at the stage that immediately preceded expiry of the limit.

Chapter 8 Service of Procedural Documents 

§ 72.  General provisions on service

 (1) Service of a procedural document means transfer of the document to the recipient such that the recipient is able to acquaint themselves with the document at the proper time. The recipient means a party or any other person to whom the procedural document is addressed.

 (2) Any complaints and appeals, any supplementation of the same, as well as any judicial disposition that starts the run of a time limit, any other procedural documents that set a time limit, and any summonses are served on parties, except where such have been announced at the trial or hearing.

 (3) A judicial disposition whose time of announcement has been notified to a party during the trial or hearing or by service may be transmitted to the party in freely selected form.

 (4) Service is subject to §§ 306–315, 317 and 319–327 of the Code of Civil Procedure.

 (5) Service of procedural documents in a foreign state is effected in accordance with provisions of the relevant treaty or following the rules provided by subsections 3–7 of § 316 of the Code of Civil Procedure.

§ 73.  Electronic service

  Electronic service of procedural documents and making procedural documents electronically available is subject to provisions of § 311¹ of the Code of Civil Procedure and of subsection 1 of § 2² of the Act to Implement the Code of Civil Procedure and the Code of Enforcement Procedure.
[RT I, 29.06.2012, 3 – entry into force 01.01.2013]

§ 74.  Service on a representative

 (1) Service of procedural document on a person who, for the purposes of administrative court proceedings, does not possess active legal capacity, is deemed to be effected when the document is served on the person’s statutory representative. Where the person has several such representatives, service on any one of these suffices.

 (2) Where the recipient is an administrative authority or a legal person, the procedural document is served on its statutory representative. Where there are several statutory representatives, service on any one of these suffices. A procedural document addressed to an administrative authority or a legal person is deemed to have been served also in a situation where it has been served, at the authority’s or person’s place of business, on any official or employee of the authority or business through which that authority or person operates.

 (3) Where a party is represented in judicial proceedings by an authorised representative, any documents in the case are exclusively served on, and any other notices communicated to, the representative, unless the court deems it necessary to dispatch such documents or notices also to the party themselves. Where there are several representatives, service to any one of these suffices.

 (4) A person who does not have a residence in Estonia and who is not represented in judicial proceedings by an attorney must, where this is required by the court, appoint a person resident in Estonia on whom procedural documents are to be served. Service of procedural documents on a person authorised to receive such documents is equivalent to service of the documents on the party.

 (5) The court may, by an order, require a party to appoint a person authorised to receive procedural documents also in other situations where unjustified difficulties may be expected in serving the documents.

§ 75.  Service by party

 (1) A party may serve procedural documents itself or through a third party in accordance with §§ 312–315 of the Code of Civil Procedure or in accordance with subsection 5 of § 72 and §§ 73 and 74 of this Code. Nevertheless, parties may not serve documents through police officers, bailiffs, municipal or state authorities, or use service by published notice. When choosing the method of service, the party is under an obligation to keep the costs of service as low as possible.

 (2) Regarding the service, the party must present to the court a service notice that must state the following particulars:
 1) the time and place of serving the document;
 2) the name of the person on whom the document was to be served;
 3) where the document was handed over to a person other than the recipient, the name of that person and the reason why the document was handed over to them;
 4) the method of service;
 5) where acceptance of the document was refused, a corresponding note and particulars of the place where the document was left;
 6) the name, signature, office address and telephone number of the person who served the document;
 7) the name, signature and particulars concerning identification – first and foremost, the number of identity document and the date of receipt of the document served – of the person who received the document, except where, for a reason stated in the law, the document was not actually handed over.

§ 76.  Service in class proceedings

 (1) Where the same procedural documents must be served on more than 50 persons and the parties do not have a joint representative or joint representatives, the court may direct that, in subsequent proceedings in the case, service be made by publication or by another method that differs from, and is simpler than, the method prescribed by this Code, provided this facilitates disposition of the case by a method that is more expeditious and involves lower costs, and provided this does not represent an unreasonable burden for the parties in view of the nature and significance of the case. On a party’s motion, the court notifies procedural documents to that party in person by regular post or electronically or, at the party’s own expense, by the method provided by § 313 of the Code of Civil Procedure. When service by publication has been selected, the order determines the newspaper in which the notices are to be published, any supplementary methods of publication and the due date on which the document is deemed to have been served.

 (2) The order mentioned in subsection 1 of this section is served on the party in person. The order cannot be appealed. The court may vary the order at any time. The order must be varied when the conditions provided for by the first sentence of subsection 1 of this section are no longer present.

 (3) Where the conditions provided for by the first sentence of subsection 1 of this section are present, the court may, by an order, impose the obligation to serve procedural documents on one or several parties, the party or parties consenting. A party may withdraw their consent to serve procedural documents only if the situation in proceedings has changed materially.

Chapter 9 Procedural Operations in Court 

§ 77.  Public access to judicial proceedings and measures to ensure compliance

 (1) Public access to administrative court proceedings, declaring proceedings closed to the public, as well as relaying and recording the trial or hearing are subject to §§ 37–42 of the Code of Civil Procedure.

 (2) Measures to ensure compliance in administrative court proceedings are applied based on §§ 43–47 of the Code of Civil Procedure.

 (3) An order which is made to ensure compliance in administrative court proceedings and by which a fine or a short-term custodial sentence is imposed may be appealed by the person who was ordered to pay the fine or serve the sentence, and the order rendered by the circuit court of appeal on the appeal may be appealed to the Supreme Court.

§ 78.  Motion to postpone a procedural operation

  A motion to postpone the trial or hearing or other procedural operation is disposed of by the court without delay and – where this is possible – before the trial or hearing or before performance of the procedural operation, and is notified without delay to the parties.

§ 79.  Removal of a party

 (1) In proceedings that have been declared closed to the public, a party may by removed from a procedural operation – including the trial or hearing or any part of these:
 1) in order to safeguard national security or public order, first and foremost to protect a state secret or classified foreign intelligence or to protect information that has been declared strictly for an authority’s internal use;
 2) to protect the life, health or liberty of a party, witness or any other person;
 3) to protect the privacy of a party, witness or any other person;
 4) to protect the confidentiality of adoption;
 5) to protect a business, author’s or other similar secret.

 (2) Removal of a party on a ground stated in subsection 1 of this section is possible strictly on condition that the interest to protect the secret manifestly overrides the party’s right to be present during the procedural operation.

 (3) The court decides on removal of a party without that party’s participation, hearing the views of the party in whose interest the other party is to be removed.

 (4) A party is removed from the procedural operation to the minimum extent possible. The court discloses the substance of the procedural operation to the party to the maximum extent possible without prejudicing the purpose of the removal. When the grounds of removal are no longer present, the substance of the entire procedural operation is disclosed to the party.

 (5) A party’s removal is decided by an order. An appeal may be filed against the order, and the order rendered by the circuit court of appeal on the appeal may be further appealed to the Supreme Court. Until the order enters into effect, the court does not disclose the information to the party.

 (6) The rules provided by this section are also applied by the court to dispose of the issue – where this is needed – of removing a party’s representative or adviser.

§ 80.  Working language

 (1) Judicial proceedings and the courts’ clerical business are conducted in the Estonian language.

 (2) The record of a trial or hearing or of any other procedural operation is made in the Estonian language.

§ 81.  Foreign-language documents

 (1) Where a representation made or documentary item of evidence offered by a party to the court is not in the Estonian language, the court requires the person making or offering it to provide a translation by a fixed date, or itself arranges the translation at the party’s expense. Where the respondent offers to the court a document that is in a foreign language and that the respondent has received from the complainant and has not translated in the course of administrative proceedings, and the complainant wishes to use the document to prove an assertion that they have made, the court may require the complainant to translate the document.
[RT I, 28.11.2017, 1 – entry into force 01.01.2018]

 (2) A party may not be required to translate a document if arranging the translation is impossible or unreasonably complicated for the party.

 (3) The court may require a party to present a translation made by a sworn translator, or it may itself caution the translator that knowingly mistranslating a document will make them liable.
[RT I, 23.12.2013, 1 – entry into force 01.01.2020]

 (4) Where the translation or certified translation is not produced by the due date, the court may dismiss the representation or disregard the documentary item of evidence.

 (5) Documents in a language other than Estonian may only be handed to a party subject to their consent.

 (6) On a party’s motion, the court makes the arrangements for translating the judgment or order for the party at that party’s expense.
[RT I, 29.06.2012, 3 – entry into force 01.07.2012]

 (7) The translation, into the English or the French language, of a request made under § 228¹ of this Code, and the translation, into the Estonian language, of the order of the European Court of Human Rights made on that request, is arranged by the Supreme Court at the expense of the state.
[RT I, 26.06.2017, 17 – entry into force 06.07.2017, subsection 7 is applied from the day on which Protocol No. 16 to the Convention on the Protection of Human Rights and Fundamental Freedoms enters into force in respect of Estonia]

§ 82.  Participation of interpreter in proceedings

 (1) Where a party is not proficient in the Estonian language, the court, acting on that party’s motion, or of its own motion, enlists an interpreter to assist in proceedings if this is possible. Enlisting the assistance of an interpreter is not required if the party has not applied for this and if the party’s representations are understandable to the court and the other parties.

 (2) Where it is not possible for the court to enlist the assistance of an interpreter without delay, the court makes an order by which it obligates the party who needs the interpreter to retain, within the time limit set by the court, an interpreter or a representative who speaks Estonian. Failure to comply with the court’s requirement does not preclude the court from disposing of the case. Where the requirement has not been complied with by the complainant, the court may dismiss the complaint.

 (3) Where it is impossible or unreasonably complicated for a party to find an interpreter, the court itself makes the relevant arrangements. The costs of interpreting are borne by the party.

 (4) Where a party is deaf, mute or deaf-mute, proceedings are explained to that party in writing or electronically, or by enlisting the assistance of an interpreter.

 (5) [Repealed – RT I, 29.06.2012, 3 – entry into force 01.07.2012]

 (6) Recusal of an interpreter is subject to provisions of § 31 of the Code of Civil Procedure.

§ 83.  Oath and signature

 (1) A person who is not proficient in the Estonian language takes the oath – or signs an acknowledgement of their having been cautioned regarding liability – in a language in which they are proficient.

 (2) The signature is affixed to the Estonian-language text of the oath or acknowledgement, which has been interpreted first hand to the person before signing.

§ 84.  Record and recording of proceedings

 (1) A record is made of the trial or hearing and, in situations provided for by law, of other procedural operations, including any operation performed by the court under a delegation from the judicial panel or a domestic letter of request.

 (2) Making a record of a procedural operation – or recording the operation – are subject to §§ 49–55 of the Code of Civil Procedure.

§ 85.  Content and signing of the record

 (1) The record must state:
 1) the time and date of performance of the procedural operation and a brief description and docket number of the case;
 2) the name of the court considering the case and the names of the judges, the person making the record and the interpreter;
 3) particulars concerning attendance by the parties and their representatives as well as witnesses and experts;
 4) particulars on whether the procedural operation is open to the public;
 5) any representations, motions and applications made by parties;
 6) admission or abandoning of the complaint and compromise;
 7) the gist of parties’ views and objections in so far as it is not reflected in written representations made to the court;
 8) the gist of any explanations provided by parties under oath and of the testimony of witnesses, oral replies by the experts and particulars concerning inspections;
 9) the directions given and rulings made at the trial or hearing;
 10) the time of public announcement of the judicial disposition;
 11) waiver of the right to appeal the judicial disposition;
 12) the date of signing the record.

 (2) The record is signed within three business days following the procedural operation.

§ 86.  Rectifying the record

 (1) Where what was entered in the record of proceedings is not announced without delay at the trial or hearing, a party has the right, within three business days following the signing of the record, to make a motion for its rectification. The court invites the other parties to state their views regarding the motion. Where the court refuses to grant the motion, it does not need to invite the other parties to state their views.

 (2) The rights provided by subsection 1 of this section and by subsections 1, 4 and 5 of § 53 of the Code of Civil Procedure in relation to making objections to, and rectification of, the record do not need to be explained to an administrative authority or a party who is represented by an attorney.

§ 87.  File of administrative case

 (1) The file of an administrative case is subject to provisions of §§ 56–58 and 60–61 of the Code of Civil Procedure.

 (2) A case file may only contain documents in a language other than Estonian if such documents are provided with a translation, except in situations where this would be manifestly disproportionate in view of the substance and volume of the documents.

 (3) Documents that contain state secrets or foreign intelligence classified as secret are subject to subsection 5² of § 59 of the Code of Civil Procedure.
[RT I, 10.02.2023, 1 – entry into force 01.04.2023]

 (4) The file of an administrative case is archived by the administrative court.

§ 88.  Parties acquainting themselves with the case file

 (1) Parties have the right to acquaint themselves with the case file and to obtain copies of any procedural documents kept in the file, as well as of any such documents that belong to the file but are kept elsewhere.

 (2) The right mentioned in subsection 1 of this section may be limited on the grounds listed in subsection 1 of § 79 of this Code. A party is not permitted to acquaint themselves with the case file strictly if the interest for maintaining confidentiality of the file overrides the party’s right to acquaint themselves with the file and to obtain copies of procedural documents that are in the file or belong to the file.

 (3) A party is permitted to acquaint themselves with the procedural documents in the case file as well as with those belonging to the file to the maximum extent possible and permission is refused to the minimum extent that is possible without prejudicing the aim of the party’s right to acquaint themselves with the file. When the ground on which permission was refused is no longer present, permission is granted. A note is made in the file concerning acquaintance with the file or with any data medium that is not included in the file but is used as evidence in the case.

 (4) Acquaintance with an electronic procedural document or a document stored on a digital or other data medium may only be made such that the integrity of the medium is guaranteed. A copy, printout or excerpt of a procedural document may also be obtained in an electronic form.

 (5) Refusal of permission for a person to acquaint themselves with the case file is decided by an order – as is grant of permission, where a party or third party has moved to have the permission refused. An appeal may be filed against the order, while the order rendered by the circuit court of appeal on the appeal can only be appealed to the Supreme Court if the application to be granted permission was made by a non-party, or was filed after conclusion of judicial proceedings. The court does not disclose information to the party before the order has entered into effect.
[RT I, 28.11.2017, 1 – entry into force 01.01.2018]

 (6) A party is provided an opportunity to acquaint themselves with the case file in the courthouse in which this is reasonable, having regard to the party’s interests. Having regard to parties’ interests, the court may arrange for acquaintance with the file also elsewhere. Acquaintance with the file is arranged within three business days following receipt at the court of the representation that contains the corresponding application.
[RT I, 01.03.2023, 1 – entry into force 01.05.2023]

 (7) An application made by a representative of a party to acquaint themselves with the case file is also disposed of by the court in accordance with the grounds and the rules provided by this section.

§ 89.  Non-parties acquainting themselves with the case file

 (1) A non-party may acquaint themselves with the case file – and obtain copies of any procedural documents kept in the file, as well as of any such documents that belong to the file but are kept elsewhere – subject to consent by the principal and third parties.

 (2) A non-party who has a justified interest to acquaint themselves with the case file may acquaint themselves with the file and obtain a copy of a procedural document with permission of the court also without the consent of the principal and third parties, provided the non-party’s interest to acquaint themselves with the file and obtain the copy outweighs the interest of a principal or third party to protect the information. The court may require the applicant to prove a legally relevant interest. The court asks the principal and third parties to state their views on the application. A non-party may not acquaint themselves with the file of a case in which proceedings were closed to the public.

 (3) Where a procedural document that is in the case file or belongs to it contains particulars that are subject to a limitation of access prescribed by a law, a non-party is only allowed to acquaint themselves with the part of document that does not contain such particulars, or access the document in a form in which it is not possible for the non-party to acquaint themselves with the particulars.

 (4) An authority of the state that needs this for the performance of its duties may acquaint itself with the case file and obtain copies of procedural documents on permission of the chief judge of the court dealing with the case also without the consent of the principal and third parties.

 (5) Non-parties acquaint themselves with the case file or with information media that is not included in the file but is used in the case as an item of evidence takes places following the conditions and rules provided by subsections 2–7 of § 88 of this Code.

§ 90.  Objection to court’s actions

 (1) A party may file an objection to actions taken by the court when directing proceedings, as well as an objection to an infringement of a procedural provision, first and foremost an infringement of requirements of form applicable to performance of a procedural operation. The court disposes of the objection by order.

 (2) If the party does not file the objection at the latest by the end of the hearing during which the infringement took place, or in the first representation made to the court following the infringement or after the time limit for rectification of the record expired, although the party knew or should have known of the error, they cannot file the objection subsequently, or rely on the error in the court’s actions when appealing the judicial disposition made in the case, except where the court infringed an important principle of administrative court procedure.

Chapter 10 Suspension of Proceedings by Operation of Law and by Order of the Court; Expediting the Proceedings 

§ 91.  Grounds and rules for suspension of proceedings by operation of law and by order of the court

 (1) Proceedings in an administrative case are suspended by operation of law on the coming to light of any of the grounds provided by this Chapter.

 (2) The court may, by order, suspend proceedings in an administrative case on a ground provided by this Chapter.

§ 92.  Suspension of proceedings by operation of law on the death of the natural person or dissolution of the legal person

 (1) Where an individual principal or third party dies – or a corporate principal or third party is dissolved – and universal succession applies, proceedings are suspended by operation of law until the party’s universal successor or another person authorised to continue proceedings is ascertained.

 (2) Proceedings are not suspended by operation of law in a situation described in subsection 1 of this section if the principal or third party is represented in proceedings by an authorised representative. In such a situation, the court orders suspension of proceedings on a motion of the representative or of another party.

 (3) The court may, on a motion of another party or of its own motion, set a time limit for the universal successor of a principal or third party or for any other person entitled to continue proceedings in the case, during which the person must continue the proceedings.

 (4) In situations mentioned in subsections 1 and 2 of this section, proceedings are not suspended by operation of law or by order of the court provided such suspension would disproportionately harm the public interest or the right of the other parties to have the case heard within a reasonable time. In such a situation the court must take all possible measures to ascertain circumstance that are material from the point of view of protection of the rights of the deceased or dissolved party and of their universal successor or other person entitled to continue the proceedings.

§ 93.  Suspending the proceedings until appointment of legal guardian

  The court may suspend proceedings until a legal guardian is appointed to a party who does not possess active legal capacity for purposes of administrative court procedure – if this is needed to protect the rights of that party.

§ 94.  Suspending the proceedings for a valid reason

  The court may suspend the proceedings for a valid reason connected to a party or third party until the reason becomes inoperative. Where a principal or third party falls seriously ill, proceedings may be suspended until their recovery unless the illness is a chronic one. a serious illness of the suspension may be ordered until recovery of the party or third party, provided the illness is not a chronic one. Under no circumstances may proceedings be suspended for more than six months.

§ 95.  Suspending the proceedings on account of other proceedings

 (1) Where the decision depends fully or in part on the presence or absence of a circumstance that is the subject matter of other pending judicial proceedings or whose presence must be ascertained in administrative proceedings or in other judicial proceedings, the court may order suspension of proceedings until conclusion of the other proceedings.

 (2) The court may suspend proceedings until the judgment given in another administrative case becomes final, provided the case concerns interpretation of a rule of law that is of decisive importance also for disposing of the case at hand. Suspension is allowed only if there are at least ten similar cases pending before the court.

 (3) The court may suspend proceedings in order to allow a constitutional review case pending before the Supreme Court to be disposed of – until the judgment of the Court enters into effect – if the latter may affect the validity of a legislative or regulatory instrument that falls to be applied in the administrative case.

 (4) Where the court, in relation to an issue that has arisen in proceedings, applies for a preliminary ruling of the Court of Justice of the European Union, it suspends proceedings until the disposition of the Court of Justice enters into effect. The court may also suspend proceedings until the entry into effect of the Court of Justice’s disposition in a situation where the issue in the case dealt with by the Court of Justice consists in interpreting a rule of law that is of decisive importance also in the administrative case pending before the court.

 (5) Where the Supreme Court requests from the European Court of Human Rights an advisory opinion under § 228¹ of this Code, the Supreme Court may suspend its proceedings for the time required to deal with the request, or until the request is abandoned.
[RT I, 26.06.2017, 17 – entry into force 06.07.2017, subsection 5 is applied from the day on which Protocol No. 16 to the Convention on the Protection of Human Rights and Fundamental Freedoms enters into force in respect of Estonia]

§ 95¹.  Suspending the proceedings due to the state of emergency or of war

  Where, during the state of emergency or of war, it is not possible to deal with the case or dealing with the case is materially complicated due to exceptional circumstances accompanying the state of emergency or of war, the court may suspend proceedings until the impediment is no longer present.
[RT I, 11.03.2023, 3 – entry into force 21.03.2023]

§ 96.  Suspension of proceedings by operation of law and by order of the court: consequences

 (1) On suspension of proceedings by operation of law or by order of the court, the run of all time limits in the proceedings is interrupted and resumes from the beginning when the suspension ends.

 (2) Any procedural operations performed during the period of suspension by operation of law or by order of the court are void. This does not preclude the court from ordering interim protection or from conducting proceedings for the preliminary taking of evidence in order to secure items of evidence.

 (3) Suspension of proceedings by operation of law after conclusion of trial or hearing in the case does not preclude public announcement of the decision reached in the proceedings.

 (4) Where proceedings were suspended under subsection 5 of § 95 of this Code, the fact of suspension does not prevent the making of a representation, to the European Court of Human Rights, by which the request for an advisory opinion is abandoned.
[RT I, 26.06.2017, 17 – entry into force 06.07.2017, subsection 4 is applied from the day on which Protocol No. 16 to the Convention on the Protection of Human Rights and Fundamental Freedoms enters into force in respect of Estonia]

§ 97.  Suspension of proceedings on joint motion by principal and third parties

 (1) The court may suspend proceedings on a joint motion of the principal and third parties where it may be presumed that this is expedient in view of ongoing compromise negotiations or for another valid reason.

 (2) Suspension of proceedings on the ground mentioned in subsection 1 of this section does not affect the run of any time limits in the proceedings.

§ 98.  Order suspending the proceedings; appealing the order

 (1) The court suspends proceedings by an order.

 (2) An appeal may be filed against an order suspending the proceedings. The order rendered by the circuit court of appeal on the appeal is not subject to further appeal.

§ 99.  Resuming proceedings

 (1) When the circumstances that constituted the ground for suspension of proceedings are no longer present, the court may, by order on a motion of a principal or third party or of its own motion, resume proceedings suspended by operation of law or by order of the court.

 (2) Proceedings that were suspended on a ground provided by § 95 of this Code may be resumed, among other things, in a situation where the other proceedings, which were the reason for the suspension, are excessively delayed and the suspended case can be disposed of.

 (3) Proceedings are deemed resumed when the resumption order is served on the principal and third parties.

 (4) Resumed proceedings continue from the point they had reached at the time of suspension.

 (5) An appeal may be filed against an order refusing resumption of proceedings suspended by operation of law or by order of the court. The order rendered by the circuit court of appeal on the appeal is not subject to further appeal.
[RT I, 28.11.2017, 1 – entry into force 01.01.2018]

§ 100.  Motion to expedite judicial proceedings

 (1) Where the court has conducted proceedings in an administrative case for at least nine months and, without having a valid reason, does not perform a procedural operation that is needed, including not directing, at the proper time, that a trial or hearing be held in order to guarantee the conduct of proceedings within a reasonable time, a principal or third party may make a motion to the court for the court take a measure suitable to expedite the conclusion of judicial proceedings.

 (2) If the court considers the motion justified, it orders, within 30 days following receipt of the motion, a measure which can be presumed to allow conclusion of judicial proceedings within a reasonable time. In selecting the measure, the court is not bound by the motion.

 (3) A refusal to grant the motion, or the taking of a measure different from the one stated in the motion to expedite judicial proceedings, is issued as a substantiated order within the time limit provided by subsection 2 of this section.

 (4) An appeal may be filed against the order made regarding a motion to expedite judicial proceedings. The order rendered by the circuit court of appeal on the appeal is not subject to further appeal.

 (5) When disposing of the appeal, the court may order a measure that can be presumed to allow judicial proceedings to be concluded within a reasonable time. In selecting the measure, the court is not bound by the scope of the appeal.

 (6) A new motion may be made under subsection 1 of this section when six months have elapsed since the court order rendered on the previous motion entered in to effect, except in a situation where the motion is made for the reason that the court dealing with the case has not, in due time, applied the measure prescribed by the order.

Chapter 11 Case Costs 

§ 101.  Composition and accounting of case costs

 (1) Case costs are court and out-of-court costs incurred by parties.

 (2) Court costs are the statutory fee and specific costs of considering the case.
[RT I, 08.12.2021, 1 – entry into force 01.01.2022]

 (3) In each judicial instance, the court keeps a record of the case costs incurred, including of specific costs of considering the case.

§ 102.  Specific costs of considering the case

  Specific costs of considering the case are:
 1) the costs of witnesses, experts and interpreters or translators;
 2) the costs of obtaining items of documentary and of physical evidence;
 3) the costs of inspections, including the necessary cost of travel for the court;
 4) the costs of service and forwarding or procedural documents through a bailiff and of service and forwarding in a foreign state, or of extra-territorial service and forwarding to Estonian citizens, and the costs of issuing procedural documents;
 5) the costs of publishing a summons or notice in the edition Ametlikud Teadaanded or by other means.

§ 103.  Out-of-court costs

 (1) Out-of-court costs are:
 1) the costs of parties’ representatives and advisers;
 2) any travel, postage, telecommunications, accommodation and other similar costs that have been borne in relation to proceedings;
 3) the pay or other expected permanent earnings that parties have lost;
 4) the costs of considering an application for financial aid towards payment of case costs.

 (2) Out-of-court costs are deemed to include the costs related to seeking a preliminary ruling from the Court of Justice of the European Union.

§ 104.  Payment and refund of statutory fee

 (1) A statutory fee at the rate established by law must be paid when filing a complaint with the administrative court – as well as appeal against judgment of administrative court with the circuit court of appeal – and when filing a motion for interim protection. Where a complaint seeks the grant of several heads of relief – including alternative ones – the statutory fee is paid having regard to the head of relief for which the highest fee is prescribed. Where the complaint is filed by several persons jointly, the statutory fee must be paid by each of person in the full amount prescribed by the law.
[RT I, 28.11.2017, 1 – entry into force 01.01.2018]

 (2) Where the statutory fee on a complaint has not been paid or the sum paid falls below what is provided by the law, the court sets a time limit for payment of the fee or of a supplement to the fee. If the fee is not paid by the due date that was set, the complaint is returned or dismissed, unless the law provides otherwise. Where a complaint contains several heads of relief and the fee for at least one of them has been paid, the court ascertains the head towards which the person wishes the payment to count. If the person does not designate the head for which the fee has been paid, the court returns or dismisses the complaint.

 (3) Where, together with a principal head of relief, late interest or interest is sought as ancillary relief, the statutory fee is calculated on the part of such relief by which it exceeds the principal head at the time of filing the complaint. Where relief in the form of interest or late interest is sought by means of a separate complaint, the fee is calculated based on the full amount of relief.

 (4) Where the statutory fee must be paid according to the amount of money or value of property that is the subject matter of the complaint – or appeal against judgment of administrative court – or that is under dispute, and the amount of relief sought is increased, a supplementary statutory fee is paid in accordance with the increase in the amount or value that is the subject matter of the complaint – or appeal – or that is under dispute. If the complainant does not pay the supplementary fee, relief is deemed to be sought in the amount originally stated.

 (5) A statutory fee that has been paid is refunded:
 1) to the extent that the sum paid exceeds the sum due, where a higher amount has been paid than was prescribed;
 2) where the court returns the complaint to the person who filed it, except if this takes place under subsection 2 of § 121 of this Code;
 3) where the court dismisses the complaint, except if this takes place under clause 2 or 3 of subsection 1, or under subsection 2 of § 151 of this Code;
 4) where the court terminates proceedings under clause 2 or 4 of subsection 1 of § 152 of this Code.

 (6) Where the amount of the statutory fee paid exceeds 50 euros, one half of the fee paid is refunded if:
[RT I, 08.12.2021, 1 – entry into force 01.01.2022]
 1) the principal parties conclude a compromise;
 2) the complainant abandons the complaint.

 (7) The statutory fee that has been paid is not refunded in situations mentioned in subsection 3 of § 121 and subsection 2 of § 155 of this Code.

 (7¹) Where an appeal or representation filed with the Supreme Court is not accepted or is denied, the statutory fee is charged to state revenue.
[RT I, 08.12.2021, 1 – entry into force 01.01.2022]

 (8) The statutory fee is refunded by the court that was the last to deal with the case, on the basis of an order. In situations mentioned in clauses 2 and 3 of subsection 5 of this section, specific costs of considering the case are deducted from the amount to be refunded. The amount to be refunded is disbursed when a corresponding claim is made by the person who was the subject of the obligation to pay the fee. Where this is needed, the court may also, of its own motion, refund the amount to be returned. The fee is returned to the person who was obligated to pay it or, if that person so instructs, to another person.
[RT I, 28.11.2017, 1 – entry into force 01.01.2018]

 (8¹) The claim for refund of the statutory fee is extinguished when two years have expired following the end of the year in which the fee was paid, but not before proceedings are concluded by a disposition that has entered into effect.
[RT I, 28.11.2017, 1 – entry into force 01.01.2018]

 (8²) The complainant may file an appeal against the order by which the administrative court or the circuit court of appeal refused to refund the statutory fee. The order rendered by the circuit court of appeal on the appeal may be appealed to the Supreme Court.
[RT I, 28.11.2017, 1 – entry into force 01.01.2018]

 (9) Abandonment of the complaint does not limit the right of the respondent or third party to request that the complainant be ordered to pay the full amount of case costs.
[RT I, 28.11.2017, 1 – entry into force 01.01.2018]

 (10) The Republic of Estonia as a party is exempt from paying the statutory fee.

§ 105.  Advance payment of specific costs of considering the case

 (1) Specific costs of considering the case are paid in advance by the party who made the motion that entails the costs. Where the motion is made by several parties, those parties pay the costs in advance in equal shares. Where the costs are incurred on the court’s motion, the principal parties pay them in advance in equal shares.

 (2) [Repealed – RT I, 29.06.2012, 3 – entry into force 01.07.2012]

 (3) Payment to cover the costs mentioned in subsections 1 and 2 of this section is made into a bank account designated for this purpose, or in court in cash or by an electronic means of payment. Cash payments are accepted in the courts to the extent provided by the Statutory Fees Act.

 (4) Where a party who was required to make an advance payment to cover the costs mentioned in subsections 1 and 2 of this section has not made the payment by the due date set by the court, the court may decide not to perform the operation sought.

 (5) An appeal may be filed against any order of the court by which the court requires, as a precondition for performing an operation, advance payment of its costs. The order rendered by the circuit court of appeal on the appeal is not subject to further appeal.

 (6) Where a document must be served as a copy and the party has not provided a requisite number of copies, that party pays the statutory fee for the making of copies or printouts.

 (7) Costs that have been paid in advance by or on behalf of a party to cover consideration of the case are refunded to the extent that the payment was excessive, and also in a situation where the procedural operation whose costs were paid in advance is not carried out or if the state incurs no costs in relation to the operation.
[RT I, 28.11.2017, 1 – entry into force 01.01.2018]

 (8) A person whose application for refund of specific costs of considering the case is denied by the administrative court or the circuit court of appeal may appeal the order denying their application. The order rendered by the circuit court of appeal on the appeal is not subject to further appeal.
[RT I, 28.11.2017, 1 – entry into force 01.01.2018]

§ 106.  Costs of witnesses, experts, interpreters or translators and other costs related to production of evidence

  The costs of witnesses, experts, interpreters or translators and other costs related to the production of evidence are subject to provisions of §§ 151–161 of the Code of Civil Procedure.

§ 107.  Payment and return of deposit fee

  [Repealed – RT I, 08.12.2021, 1 – entry into force 01.01.2022]

§ 108.  Division of case costs

 (1) Case costs are borne by the principal party against whom the decision is made. A third party who has filed an appeal against judgment of administrative court, an appeal to Supreme Court against judgment of circuit court of appeal, an appeal against order or a petition for review is subject to provisions of this section regarding principal parties.

 (2) Where the complaint is granted in part, case costs are divided in proportion to the grant.

 (3) Where the complaint is granted in part and to an extent that was proposed during proceedings by a principal party as a compromise, the court may order the party who did not agree to the compromise to pay the entire amount or a major part of case costs.

 (4) Where the court returns or dismisses the complaint or terminates proceedings in the case, case costs are borne by the complainant unless this section provides otherwise.
[RT I, 28.11.2017, 1 – entry into force 01.01.2018]

 (5) Where the respondent admits the complaint, they do not bear case costs that arose after admission. Where the court rejects the admission because a third party does not agree to granting the admitted complaint, and the complaint is granted, the third party bears the case costs that arose after admission.

 (6) Case costs are borne by the respondent where the court terminates proceedings in the case under clause 4 of subsection 1 of § 152 of this Code, with the exception of situations where revocation of the administrative decision – or issue of administrative decision or performance of administrative operation – sought by the complaint were not caused by the filing of the same.

 (6¹) The respondent may be ordered to bear case costs that the complainant incurred in relation to filing the annulment complaint where the court decides not to set aside the administrative decision – which is materially defective in terms of its stated reasons – first and foremost on account of the reasons provided during judicial proceedings, and the court considers those reasons to have guided the administrative authority when issuing the administrative decision.
[RT I, 28.11.2017, 1 – entry into force 01.01.2018]

 (7) A complainant who abandons the complaint bears case costs. Where parties have concluded a compromise but have not agreed a division of case costs, the costs are borne by the parties.

 (8) The case costs of a third party are compensated by the principal party adverse to the principal party in support of whom the third party participated in proceedings according to the same rules that govern compensation to a principal party. Where the adverse principal party does not have to compensate case costs, the third party’s costs are borne by the third party itself.

 (9) Where a party abuses rights that they enjoy under the rules of procedure by failing to appear for the trial or hearing without a valid reason – or otherwise maliciously delays proceedings – the court may order the party to pay a part of the case costs that other parties incurred as a result of such actions.

 (10) Where an appeal against judgment of administrative court or against order prevails on account of a new circumstance that that appellant could have relied on already in the administrative court, the court, on a motion of the respondent, orders the appellant to pay the entirety or a part of the case costs related to the appeal.

 (11) Should it be highly unjust or unreasonable to order a party against whom the decision was made to pay the costs of the adverse principal party, the court may order principal parties to bear the entirety or a part of their costs.

 (12) The division of case costs is subject to provisions of §§ 173 and 175 of the Code of Civil Procedure. Even where no objection has been filed against the costs of an authorised representative, the court verifies whether those costs were reasonable and necessary.
[RT I, 29.06.2012, 3 – entry into force 01.01.2013]

§ 109.  Awarding compensation for case costs

 (1) To obtain an award for case costs, a list of the costs with cost documents are presented to the court before concluding statements. Cost documents related to appearance at the trial or hearing in which consideration of the case was concluded, and a list of such costs, are presented to the court at the latest within three business days following the end of the trial or hearing. In written proceedings, the list of case costs and cost documents are presented within the time limit set by the court. Where cost documents and a list of the costs have not been presented, costs are not awarded.

 (1¹) Costs listed in clause 1 of subsection 1 of § 103 of this Code may be awarded where the party has come under an obligation to bear those costs.
[RT I, 28.11.2017, 1 – entry into force 01.01.2018]

 (2) The court that dealt with the case sets out the division of case costs between parties and, in the judgment or order by which it terminates the proceedings, awards those costs. The disposition of the court that deals with the case next sets out a complete division of the costs borne to date.

 (3) The court orders the party who is to bear case costs to compensate, to the Republic of Estonia, the cost of financial aid and any other case costs that have not arisen through the participation, as a party to judicial proceedings, of the state or an administrative authority. The court may append, to the disposition awarding case costs to the Republic of Estonia, a separate document that sets out the particulars needed to fulfil the corresponding claim. When a judicial disposition, or an order imposing a fine, or any other similar disposition ordering a levy of money enters into effect, the court dispatches a copy of that disposition without delay to the authority designated by administrative decree of the minister in charge of the policy sector.
[RT I, 21.06.2014, 11 – entry into force 01.07.2014]

 (3¹) The particulars needed to fulfil the claim mentioned in subsection 3 of this section, and the technical requirements concerning their presentation are established by a regulation of the minister in charge of the policy sector.
[RT I, 21.06.2014, 11 – entry into force 01.07.2014]

 (4) Where a higher court varies the disposition of the lower court or enters a disposition without remanding the case for a new hearing, the higher court changes the division of case costs.
[RT I, 28.11.2017, 1 – entry into force 01.01.2018]

 (5) Compensation of case costs to a party is not precluded by the fact that those costs were borne on their behalf by another person.

 (6) The court only awards case costs that are necessary and justified.

 (7) A party may not claim, from another party whom the court has ordered to pay case costs, compensation for those costs as compensation for harm or by any other similar method.

 (8) Where case costs that fall to be awarded are to be borne by an association of persons and that association does not possess legal personality, the association’s members are ordered to pay the costs.

Chapter 12 Financial Aid 

§ 110.  Grant of financial aid

 (1) Financial aid means aid from the state towards payment of case costs. On a person’s application, the court may order that, by way of such aid, the recipient:
 1) is exempted in full or in part from payment of the statutory fee or from bearing other court costs or costs of translation of procedural documents;
[RT I, 08.12.2021, 1 – entry into force 01.01.2022]
 2) is allowed to pay the statutory fee, or other court costs or costs of translation of procedural documents in instalments by way of periodic payments during a period set by the court;
[RT I, 08.12.2021, 1 – entry into force 01.01.2022]
 3) does not have to pay a fee for the services of an attorney appointed by way of financial aid or does not have to pay the fee immediately or in the full amount;
 4) is exempted in full or in part from costs related to mandatory pre-action proceedings, or is ordered to pay such costs by instalments during a period set by the court.

 (2) The grant of financial aid in relation to paying the fee for legal assistance by an attorney is subject to provisions of this Chapter strictly in so far as the State-funded Legal Aid Act does not provide otherwise.

§ 111.  Conditions for granting financial aid

 (1) An applicant seeking financial aid is granted the aid if they are unable, due to their financial situation, to pay case costs or if they is only able to pay those costs in part or by instalments and if there is sufficient ground to presume envisaged participation in proceedings to be successful.

 (2) When assessing prospects for successful participation in proceedings, among other things the significance of the case for the applicant for aid is considered.

 (3) Financial aid is not granted to a person whose participation in proceedings is unreasonable, in particular where it is manifest that the complainant does not have standing, where the eventual benefit that the complainant stands to gain from the case is unreasonably small compared to estimated costs of judicial proceedings, or where it is not possible, by the complaint, to achieve its aim.

 (4) Prospects for successful participation or reasonableness of participation in proceedings are not assessed where financial aid is applied for in order to translate a procedural document or a judicial disposition. Where a person is represented in proceedings by a representative, financial aid is not granted for translating any procedural document other than judicial disposition.

§ 112.  Limitations on granting financial aid to natural persons

 (1) Financial aid is not granted to a natural person where:
 1) case costs do not exceed two times the applicant’s average monthly earnings – calculated based on the average monthly income of four months preceding the application – from which taxes, mandatory insurance premiums, an amount prescribed for performance of maintenance obligations, reasonable expenditure on accommodation and transport and other inevitable expenditure have been deducted, with deduction of other inevitable expenditure being allowed, on a monthly basis, up to the 75% of the minimum monthly salary established under subsection 5 of § 29 of the Employment Contracts Act;
[RT I, 28.11.2017, 1 – entry into force 01.01.2018]
 2) the applicant can bear case costs on account of an existing item or items of their property that can be sold without major difficulty and that the law allows to be levied upon;
 3) proceedings are related to the economic or professional activity of the applicant for financial aid and do not concern the applicant’s rights that are unrelated to such activity.

 (2) Case costs that may be incurred on filing an appeal against the disposition to be rendered in proceedings are not taken into account under subsections 1 and 2 of this section. Jointly held property counts as property mentioned in clause 2 of subsection 1 of this section in so far as it may be presumed that the joint owners could reasonably employ it to cover case costs.

 (3) Where financial aid mentioned in clauses 1, 2 and 4 of subsection 1 of § 110 of this Code is applied for, the limitation provided by clause 3 of subsection 1 of this section is disregarded.

 (4) Where, during consideration of the application for financial aid, it comes to light that there is no ground to provide such aid to the applicant due to their financial situation, yet the court finds that payment, in a single instalment, of the statutory fee that is due unreasonably interferes with the person’s right of access to administrative courts in order to protect their rights, the court may, under the rules of financial aid, order that the statutory fee on the complaint or appeal against judgment of administrative court be paid by instalments during a period set by the court.
[RT I, 28.11.2017, 1 – entry into force 01.01.2018]

§ 113.  Limitations on granting financial aid to legal persons and bankruptcy debtors

 (1) Financial aid may be granted strictly to a non-profit association or foundation that has been included in the list of such associations and foundations for which an income tax incentive has been approved – or to such an association or foundation that has been deemed equivalent to the former – and whose seat is in Estonia or another Member State of the European Union, to further its objects, provided the applicant substantiates that they seek the aid in the sphere of protection of the environment or consumer protection, or out of considerations of overriding public interest, in order to prevent possible harm to rights that are held by a large number of people and that are protected by law, and provided that, presumably, it will be unable to cover case costs on account of its own property or that it can only pay a part of such costs, or pay them by instalments. Other foreign legal persons are granted financial aid strictly under a treaty.

 (2) An Estonian bankruptcy debtor may be granted financial aid to cover case costs, provided those costs cannot be covered from the assets managed by the trustee in bankruptcy and provided persons who hold a pecuniary interest in the case – including among others the heirs or beneficiaries, members, shareholders and directors of the bankruptcy debtor, or the debtor’s bankruptcy creditors – cannot be presumed to bear the costs.

 (3) In a situation mentioned in subsection 2 of this section, the bankruptcy debtor may seek a grant of state-funded legal aid. The additional precondition for the grant of such aid is that the trustee in bankruptcy cannot themselves perform the procedural operation applied for or that, in view of their qualifications and tasks they cannot be expected to perform the operation.

 (4) The financial aid mentioned in clauses 1, 2 or 4 of subsection 1 of § 110 of this Code may be granted also to a legal person who does not fulfil the conditions provided by subsections 1–3 of this section and whose seat is located in Estonia or in another member state of the European Union.

§ 114.  Filing an application for, and continuation of, financial aid

 (1) An application for financial aid is made to the court that conducts or should conduct proceedings in the case whose costs the application seeks aid to bear.

 (2) Where a party has received financial aid in the administrative case and they appeal the disposition rendered in that case, the presumption is that the grant of aid also applies in each following judicial instance. Nevertheless, the court verifies, when accepting the appeal, whether there is sufficient ground to presume that envisaged participation in proceedings will be successful, and that the participation is not clearly unreasonable, and the court may, at each stage of proceedings, verify whether the economic preconditions for the grant of aid are fulfilled. Verification of the prospects for successful participation and of the reasonableness of participation is dispensed with where the judicial disposition has already been appealed by another party and their appeal has been accepted.

 (3) When this is required by the court, the recipient of financial aid must, in the situation mentioned in subsection 2 of this section, provide explanations on whether their financial situation has changed, and offer corresponding evidence. Where this is needed, the court is entitled, among other things, to ask for particulars regarding the financial situation or solvency of the recipient of aid or of any member of their family from the Tax and Customs Board, from credit institutions and from other persons or authorities.

§ 115.  Particulars in the application for financial aid

 (1) The application for financial aid states the following:
 1) proceedings in relation to which the aid is applied for;
 2) the role, or envisaged role, of the applicant in these proceedings and the representations, motions or applications that they intend to make;
 3) the grounds for the relief sought or objection made by the applicant.

 (2) The applicant attaches to the application a signed notice concerning their own and family members’ personal and financial situation (family relations, profession, property, earnings and obligations) and, where possible, also other documents that prove that situation.

 (3) A person whose place of residence is outside Estonia attaches to the application a notice from the competent authority of the country of their residence concerning their earnings and those of members of their family for the last three years. Where the applicant cannot, for a valid reason, file the notice, the grant of financial aid may be decided without it.

 (4) Where this is possible, a corporate applicant attaches to the application for financial aid a copy of its articles of association and a certified copy of the annual report for the previous financial year.

 (5) The model form of the application for financial aid and of the notice mentioned in subsection 2 of this section, the list of particulars to be included in the form and the requirements for the documents to be offered are subject to the rules enacted under subsection 5 of § 185 of the Code of Civil Procedure. The model form of the application and of the notice must be freely available to any person on the website of the Ministry of Justice and at every court and law office.

 (6) The application for financial aid is filed in the Estonian language. The application may also be filed in English where financial aid is applied for by a natural person whose residence is in, or who is a citizen of, another member state of the European Union, or by a legal person whose seat is located in another member state of the European Union.

§ 116.  Disposing of the application for financial aid

 (1) The application for financial aid is disposed of by a court order. Where this is needed, the court may, before disposing of the application, invite other parties to state their views. Where the court grants the application in full, with the exception of the situation provided for by clause 3 of subsection 1 of § 110 of this Code, it does not have to state the reasons for the order.
[RT I, 28.11.2017, 1 – entry into force 01.01.2018]

 (2) When assessing the financial situation of the applicant, the court follows § 186 of the Code of Civil Procedure.

 (3) Where, under the rules of financial aid, payment of case costs by instalments has been ordered, the court may, on a motion of the recipient of aid or of its own motion, following § 188 of the Code of Civil Procedure, suspend the payment of instalments or vary their amount.

 (4) [Repealed – RT I, 28.11.2017, 1 – entry into force 01.01.2018]

 (5) An application for financial aid does not suspend the run of any time limit provided by law or set by the court. The court, having disposed of the application, nevertheless grants a reasonable extension of a time limit set by itself, first and foremost where the limit was set for responding to the complaint or to a motion or application, provided the application for aid was not made without justification or with the purpose of obtaining an extension of the time limit.

 (6) In order to observe a time limit provided by law, the applicant for financial aid must, within the time limit, also perform the procedural operation for which it seeks the aid – first and foremost, file the complaint. Having disposed of the application for aid, the court sets a reasonable time limit for stating the reasons of the complaint or for paying the statutory fee or for curing a defect in the complaint that is related to the application for aid, provided the application was not made without justification or with the purpose of obtaining an extension of the time limit. This does not preclude reinstatement of a procedural time limit.

§ 117.  Revoking the grant of financial aid

 (1) The court may revoke a grant of financial aid, if:
 1) the recipient has given false particulars when applying for the aid;
 2) the conditions for granting the aid were not present with or are no longer present, including, among other things, a change of the recipient’s identity due to legal succession – where the successor is not entitled to receive the aid;
 3) the recipient has not, for a period exceeding three months, paid the instalments ordered by the court;
 4) the recipient does not, when required to do so by the court, provide explanations concerning a change in their financial situation or does not offer requisite evidence.

 (2) Where the grant of financial aid is revoked, the party who received the aid bears the entirety of their case costs.

§ 118.  Grant of financial aid and division of case costs

 (1) The grant of financial aid does not rule out the recipient’s obligation to compensate for the adverse principal party’s case costs if judgment is given against the recipient, yet the court may, under subsection 11 of § 108 of this Code, limit the costs that the recipient is ordered to pay.

 (2) Where judgment is given in favour of the recipient of financial aid, the court orders the principal party adverse to the recipient’s to pay, into state revenue and in proportion to the extent to which the complaint was granted, the case costs – in part or in their entirety – that the recipient was exempted from paying or that they were allowed to pay by instalments but have not yet paid. If the adverse principal party is the Republic of Estonia, case costs are not awarded in favour of the state.
[RT I, 28.11.2017, 1 – entry into force 01.01.2018]

 (3) Where the recipient of financial aid is required to compensate for case costs and the costs are not awarded to the recipient from the adverse principal party, the court orders the costs to be borne by the state. Regardless of the outcome of proceedings, the recipient is not exempted from payment of costs that were incurred as a result of the recipient’s abusing the rights they enjoy under the rules of procedure, misleading the court or intentionally delaying the proceedings.

§ 119.  Appeal against order on financial aid

 (1) The applicant for or recipient of financial aid or, in the situation provided for by subsection 8 of § 15 of the State-funded Legal Aid Act, the Bar Association, may file an appeal against any order entered by the administrative court or the circuit court of appeal on granting or refusing financial aid, and against any order by which either of the previously mentioned orders is varied or revoked. An order granting full or partial exemption from the statutory fee may not be appealed with respect to the exemption granted. The order rendered by the circuit court of appeal on the appeal is not subject to further appeal.
[RT I, 28.11.2017, 1 – entry into force 01.01.2018]

 (2) The costs of dealing with an appeal against the order are not subject to compensation.

PART III PROCEEDINGS IN ADMINISTRATIVE COURT 

Chapter 13 Accepting the Complaint; Preliminary Proceedings in the Case 

§ 120.  Operations to accept the complaint

 (1) The court with which the complaint was filed and which has territorial jurisdiction:
 1) ascertains the subject matter of the dispute in the case;
 2) identifies the principal parties of the case and their representatives;
 3) verifies whether the relief sought and motions or applications made in the complaint are suited and necessary for achieving its aim and, where this is needed, invites the complainant to amend the complaint;
 4) where this is needed, appoints a representative to the complainant;
 5) disposes of any applications for financial aid;
 6) decides the imposition of interim protection, if this is needed before conducting preliminary proceedings;
 7) adds to proceedings any third parties whose views need to be ascertained before conducting preliminary proceedings, and where this is possible, any other third parties of the case;
 8) verifies whether grounds for returning the complaint or provisionally refusing to consider it are present.

 (2) Where no grounds for returning the complaint or provisionally refusing to proceed with it are present, the court makes an order by which it accepts the complaint.

 (3) If the court finds that the complaint has defects that can be cured, it makes an order by which it provisionally refuses to consider the complaint, sets a time limit of up to 15 days for curing the defects and dispatches the order for execution without delay. A complaint which has curable defects cannot be returned before the time limit set for curing the defects has expired.

 (4) Where this is needed, the court, in order to rule on the issue of accepting the complaint, may invite the respondent and any third parties to state their views, and to hear the parties.

§ 121.  Returning the complaint

 (1) The court makes an order by which it returns the complaint to the person who filed it if:
 1) dealing with the dispute does not fall within the subject matter jurisdiction of administrative court;
 2) the complaint does not meet the requirements of §§ 37–39 of this Code, the complainant has not cured defects of the complaint within the time limit set by the court and the defects prevent consideration of the case;
 3) the complainant has, already previously, filed a complaint with the administrative court that seeks the same relief and is based on the same cause, and proceedings on the previous complaint are pending before the court;
 4) the complainant has not complied with mandatory pre-action rules for obtaining the relief sought;
 5) the person who has filed the complaint on behalf of another person has not proved their authority of representation;
 6) the complainant does not possess active legal capacity for purposes of administrative court procedure and the complainant’s statutory representative has not ratified the complaint within the time limit set by the court.

 (2) The court may make an order by which it returns the complaint to the person who filed it where:
 1) it is manifest that the complainant has no standing in the case;
[RT I, 28.11.2017, 1 – entry into force 01.01.2018]
 2) by granting the complaint it would not be possible to achieve its aim;
[RT I, 28.11.2017, 1 – entry into force 01.01.2018]
 2¹) interference with the right that the complaint seeks to protect is a minor one and, in the circumstances, it is improbable that the complaint would be granted;
[RT I, 28.11.2017, 1 – entry into force 01.01.2018]
 2²) the complainant has abused their standing to a material degree and interference with the right that the complaint seeks to protect is a minor one;
[RT I, 28.11.2017, 1 – entry into force 01.01.2018]
 3) it has not been possible, in spite of repeating the attempt, to serve court documents to the complainant at the address and e-mail stated in the complaint – or at the complainant’s registered address – and the complainant has not informed the court of a change in their address, and failure of service hinders disposition of the case.

 (3) On returning the complaint, the court explains, if possible, where the complainant can apply to obtain a disposition in the case, and what rules they should observe. If the court, when returning the complaint, finds that dealing with the dispute falls within the subject matter jurisdiction of a court dealing with civil, criminal or misdemeanour cases, but that court has previously ruled that it does not have jurisdiction to deal with the case, the court that has jurisdiction is determined by the Supreme Court in accordance with the rules provided by § 711 of the Code of Civil Procedure.

 (4) An appeal may be filed against the order by which the court returns the complaint, and the order rendered by the circuit court of appeal on the appeal may be appealed to the Supreme Court.

§ 122.  Operations in preliminary proceedings

 (1) On acceptance of the complaint, preliminary proceedings are conducted in the case, during which the court prepares the case and, on its part, makes all necessary arrangements for the case to be considered without interruption at trial or in a single hearing or – in written or streamlined proceedings – within a reasonable time.

 (2) During preliminary proceedings, the court performs, first and foremost, the following operations:
 1) verifies whether the subject matter of the dispute has been correctly ascertained – and the parties have been correctly identified – when the complaint was accepted, and, where this is needed, adds additional parties to proceedings, or removes any parties that have been added to proceedings erroneously;
 2) checks for any errors in acceptance of the complaint;
 3) serves the complaint on other parties;
 4) requires the respondent and any administrative authority added to proceedings to provide a written response to the complaint and explains the right of any third parties to provide a response to the complaint;
 5) requires the respondent to produce the administrative decision that has been contested – if the decision has not been presented to the court – as well as the case file of administrative proceedings or the documents assembled in those proceedings;
 6) sets a time limit for providing a response and offering evidence or for motions for the taking of evidence;
 7) where this is needed, sets a time limit for the parties to supplement their assertions and to offer supplementary evidence, and takes evidence of its own motion if this is needed;
 8) ascertains the parties’ motions or applications and, where this is needed, the other parties’ views concerning these;
 9) ascertains whether it is possible to resolve the case by compromise, or by settlement reached by another method;
 10) sets the format for considering the case and the composition of the judicial panel, additionally ascertaining, where this is needed, the views that parties have on these issues;
 11) notifies parties of the time and place for consideration of the case in court or – in accordance with § 132 of this Code – of the particulars of consideration of the case in written proceedings.

 (3) In order to complete the tasks of preliminary proceedings, the court may hold a preliminary hearing, require parties to provide explanations and put questions to them.

§ 123.  Response to the complaint

 (1) In their response to the complaint, the respondent must, among other things, state the following:
 1) whether they consider that acceptance of the complaint was tainted by errors or whether there are grounds for dismissing the complaint or for terminating proceedings in the case;
 2) whether the respondent has been identified correctly;
 3) whether they admit or opposes the complaint;
 4) all of their motions or applications and assertions, as well as the evidence to prove any facts asserted;
 5) how the costs of the case should be divided;
 6) whether they agree to written proceedings or to streamlined proceedings, or whether they wish the case to be considered at trial or at a hearing;
 7) whether, in their view, it is possible to dispose of the case by compromise or by settlement reached by another method.

 (2) Where a third party offers a response to the complaint, that party must, among other things, state in their response the particulars mentioned in clauses 1 and 3–7 of subsection 1 of this section.

 (3) An administrative authority added to proceedings must, in its response to the complaint, among other things, state the particulars mentioned in clauses 1–4 of subsection 1 of this section.

 (4) Where the person who provides the response has a representative, the response must also state the representative’s particulars.

 (5) Where this is needed for an expeditious or just resolution of the case, the court may require the complainant to provide a written opinion concerning the response provided regarding the complaint.

§ 124.  Verifying compliance with the time limit for filing the complaint

 (1) The court verifies in preliminary proceedings whether the complaint was filed in due time, and disposes of any motion to reinstate the time limit for filing the complaint.
[RT I, 28.11.2017, 1 – entry into force 01.01.2018]

 (2) Where the complaint was filed in violation of the time limit and where the time limit is not subject to reinstatement, the court enters an order by which it terminates proceedings in the case.

 (3) An appeal may be filed against the order by which the court disposes of a motion to reinstate the time limit, and the order rendered by the circuit court of appeal on the appeal may be appealed to the Supreme Court.

 (4) Where a party makes a motion to the court to terminate proceedings in the case on account of violation of the time limit for filing the complaint, the court enters a reasoned order concerning the motion. An appeal may be filed against the order, and the order rendered by the circuit court of appeal on the appeal may be appealed to the Supreme Court.

§ 125.  Conclusion of preliminary proceedings

 (1) Preliminary proceedings are concluded when:
 1) the trial or hearing is opened;
 2) – in written proceedings or in streamlined proceedings – the time limit set by the court for provision of procedural documents expires;
 3) the court directs the case to be considered in conciliation proceedings.

 (2) Where, in streamlined proceedings, the court does not set a time limit for provision of procedural documents or convene a hearing, preliminary proceedings are concluded when the time of announcement of the judgment is made known.

Chapter 14 Consideration of the Case 

Subchapter 1 General Provisions 

§ 126.  The form of and time limit for considering the case

 (1) After preliminary proceedings, the case is considered at the trial or hearing or, in situations provided for by law, in written, simplified or conciliation proceedings.

 (2) Where the law does not provide a time limit, the court considers the case within a reasonable time.

 (3) International protection cases are considered by the court on a priority footing.
[RT I, 06.04.2016, 1 – entry into force 01.05.2016]

Subchapter 2 Trial or Hearing 

§ 127.  Scheduling the trial or hearing and summonsing to it

 (1) The time of the trial or hearing is set without delay after the case has been prepared with sufficient thoroughness in preliminary proceedings.

 (2) Where the case is considered at trial or at a hearing, the time interval between service of the complaint on the respondent – as well as on any third parties – and the trial or hearing must be at least 30 days.

 (3) The court may reduce the period mentioned in subsection 2 of this section if this is required for consideration of the case within the time limit provided by the law.

 (4) Where the court convened a preliminary hearing in the case and circumstances material to the case have been ascertained, the court may hold the trial or hearing in which it considers the case as a continuation of the preliminary hearing and dispose of the case substantively. If the hearing of the case is not concluded at the preliminary hearing, the court performs the operations that are still needed for preparing the trial or main hearing and sets the time for the latter.

 (5) The court may require a party to appear at the trial or hearing in person.

 (6) The scheduling of, the summonsing of parties to, and the holding of, trials or hearings is subject to provision of §§ 341–346 of the Code of Civil Procedure.

 (7) The time of the trial or hearing is published on the court’s website without delay after it has been set, stating the docket number of the administrative case, the names of the parties and a general description of the case. Where the trial or hearing is closed to the public, only its time, the docket number of the case and a note stating that it is closed to the public are published. The time of the trial or hearing is removed from the court’s website when 30 days have elapsed after it took place.

§ 128.  Changing the time set for the trial or hearing and postponing consideration of the case

 (1) The court may, for a valid reason, cancel or change the time set for the trial or hearing or postpone consideration of the case.

 (2) Non-appearance of a party at the trial or hearing only constitutes a ground for postponing consideration of the case under conditions provided for by § 143 of this Code.

 (3) Where the time set for the trial or hearing is cancelled or the trial or hearing is postponed, the court, where this is possible, immediately sets a new time. The new time is set for as soon as possible, having reasonable regard to the opinion of the parties.

 (4) Where consideration of the case is postponed, the court may hear explanations of the parties who appeared, as well as testimony of witnesses and opinions of experts. If the hearing of these people is inseparably linked to examination of other items of evidence or any other operation, the other operation is also performed.

 (5) Where the hearing of the case is postponed for a period longer than three months without the consent of a principal party or a third party, the principal or third party may file an appeal against the order if they find that the hearing of the case has been postponed for an unjustifiably long period. The order rendered by the circuit court of appeal on the appeal is not subject to further appeal.

§ 129.  Order at the trial or hearing

 (1) At the trial or hearing, the case is considered in the following order:
 1) the complainant states whether they maintain their complaint;
 2) if the court allows it, the parties produce any items of evidence that were not produced in preliminary proceedings;
 3) the other parties state whether they agree with or oppose the complaint;
 4) the parties provide their explanations, giving reasons for their views and presenting objections concerning those of the adverse principal party;
 5) the court examines the evidence taken in the case and examines the witnesses;
 6) the court discusses, with parties, any points of fact, law and procedure material to disposing of the case;
 7) the parties are given the floor for concluding statements.

 (2) The trial or hearing is held in the courthouse that is closest to the place by reference to which territorial jurisdiction is determined. Having regard to the interests of the parties, the court may hold the trial or hearing elsewhere.
[RT I, 01.03.2023, 1 – entry into force 01.05.2023]

 (3) The trial or hearing is also subject to §§ 347–351 and 400–402 of the Code of Civil Procedure.

§ 130.  Resuming consideration of the case

  The court makes an order by which it resumes consideration of the case:
 1) where, after concluding the hearing of the case and before giving its disposition, the court discovers an error in proceedings that is material to making the decision and that can be eliminated;
 2) where, after concluding the hearing of the case and before giving its disposition, the court deems it necessary, for a just resolution of the case, to take or examine additional evidence or discuss the circumstances with the parties;
 3) in accordance with § 146 of this Code on non-appearance, for a valid reason, of a principal party or third party for the trial or hearing.

Subchapter 3 Written Proceedings 

§ 131.  Preconditions for written proceedings

 (1) The court may consider the case in written proceedings if, in its assessment, it is possible to ascertain circumstances material to disposing of the case without holding the trial or hearing, and:
 1) all principal parties and third parties have agreed to the case being considered in written proceedings or
 2) it is manifest that, in view of the legally protected interests at issue and the nature of the dispute, including situations where the only issues the parties dispute are points of law, the parties have no reason to request the holding of trial or the convening of a hearing.

 (2) Where a principal party or a third party has provided a response to the court, but has not made notification that they consent to written proceedings, it is presumed that they wish the case to be considered at trial or at a hearing. A party may only withdraw their consent to the case being disposed of in written proceedings on a material change in the procedural situation.

 (3) Where a principal party or a third party has not provided a response to the court, the time limit for providing the response has expired and that time limit was duly notified to the party, it is presumed that they consent to written proceedings.

 (4) Regardless of the parties’ consent, or of the order under which the case is to be considered in written proceedings, the court may, until it gives its decision, order the case to be considered at the trial or at a hearing.

 (5) Where, under subsection 1 of this section, the case may be considered in written proceedings, but the court considers it necessary to examine an issue material to the case at a hearing, it may limit the scope of issues to be discussed at the hearing, contenting itself on remaining issues to written views.

 (6) Where the court, under clause 2 of subsection 1 of this section, refuses to grant a party’s motion to consider the case by convening a trial or hearing, it does so by a reasoned order.

§ 132.  Case management order

 (1) In written proceedings, the court sets a time limit, during preliminary proceedings, for provision of supplementary procedural documents, and also states the time of public announcement of its decision. Where this is needed, the time of public announcement may be determined at a later date.

 (2) The order mentioned in subsection 1 of this section is notified to the parties and must also state the judicial panel dealing with the case.

Subchapter 4 Streamlined Proceedings 

§ 133.  Prerequisites for streamlined proceedings

 (1) The court may consider the case under simplified rules according to its fair discretion, provided interference with the right for which the complaint seeks protection is a minor one. Where the legally protected interest concerned allows pecuniary appraisal, interference is deemed to be minor first and foremost if the value of the interest does not exceed 1000 euros.
[RT I, 28.11.2017, 1 – entry into force 01.01.2018]

 (2) The court may also consider the case in streamlined proceedings if the principal parties and third parties have expressly consented to this. A party may withdraw their consent for the case to be considered in streamlined proceedings strictly on material change in the procedural situation.

 (3) Regardless of the interference with the rights being a minor one, of the consent given by parties or of the order for the case to be considered in streamlined proceedings, the court may, until it gives its decision, order that the case be considered following the rules provided by Subchapter 2 or 3 of this Chapter.

 (4) Where, during a state of emergency or a state of war, the need – dictated by such a state – for speedy consideration of the case outweighs interference with the right that the complaint seeks to protect, the court may, according to its fair discretion, consider the case under simplified rules.
[RT I, 11.03.2023, 3 – entry into force 21.03.2023]

§ 134.  Arrangements for streamlined proceedings

 (1) In streamlined proceedings, the court solely observes essential principles of administrative court procedure, guarantees observance of the fundamental rights and freedoms as well as essential procedural rights of the parties, and hears the parties that request to be heard.

 (2) Where this facilitates disposition of the case in an expeditious manner, in streamlined proceedings the court may, among other things:
 1) only make a record of procedural operations to the extent deemed necessary by the court;
 2) dispense with inviting the other parties to state their views regarding a motion to rectify the record;
 3) set a time limit – with the exception of the time limit for appealing a judicial disposition –that differs from the one provided by the law;
 4) derogate from requirements of form for the offering and taking of evidence and also use as evidence information that does not appear in a procedural form provided for by the law, including, among other things, parties’ explanations that were not given under oath, as well as hear witness testimony or parties’ explanations under the rules of distance participation;
 5) derogate from provisions of the law regarding requirements of form for service of procedural documents and for documents provided by parties – with the exception of service of the complaint on the respondent and on any third parties;
 6) dispense with written preliminary proceedings or the holding of a trial or hearing;
 7) give its decision without the descriptive part and reasons, on conditions provided by § 169 of this Code.

 (3) Unless the law provides otherwise, in streamlined proceedings the court may not derogate from provisions of Chapters 1–4, 10–13, 16 and 17 of this Code.

§ 135.  Hearing of persons

 (1) In streamlined proceedings, the court does not need to convene a hearing to hear a party.

 (2) Where no hearing is held in streamlined proceedings for hearing a party, the hearing of the party does not need to take place in the presence of other parties and, before giving judgment in the case, the court is not obligated to inform the other parties of what was stated during the party’s hearing.

 (3) In streamlined proceedings, the court may, among other things, hear the explanation of a party via the telephone or, when hearing a person, deem the person’s written or electronic views to be sufficient provided the court has no doubt as to the identity of the person providing the explanation and provided that, in the court’s assessment, it is possible to sufficiently assess the information and views obtained from the person by such a method.

 (4) The hearing of a person and any material circumstances related to it must be stated in the judgment.

§ 136.  Case management order

  The court decides consideration of the case in streamlined proceedings by an order in which it also announces composition of the judicial panel and explains the parties’ right to be heard by the court. In streamlined proceedings, the court may set a time limit for provision of supplementary procedural documents.

Subchapter 5 Conciliation Proceedings 

§ 137.  Preconditions for conciliation proceedings

 (1) Where all principal parties and third parties agree to this, the court may conduct conciliation proceedings in which the parties, with the assistance of the judge, resolve their dispute by negotiation.

 (2) To conduct conciliation proceedings, the court, having received the consent of the principal parties and third parties, enters an order by which it also suspends proceedings in the administrative case until conclusion of conciliation proceedings.

§ 138.  Arrangements for conciliation proceedings

 (1) Unless this Subchapter provides otherwise, conciliation proceedings are subject to provisions governing streamlined proceedings.

 (2) In conciliation proceedings, the court ascertains whether it is expedient to add to such proceedings, in addition to the parties, any non-parties. Their addition is decided by an order.

 (3) When it has made the preparations for conciliation proceedings, the court summons the parties and any non-parties who have been added to the proceedings to negotiations, seeking to ensure personal attendance of the parties. The negotiations are conducted orally.

 (4) In the negotiations, the court:
 1) explains the rules and purpose of conciliation proceedings and the rights of the parties;
 2) hears the parties’ views;
 3) ascertains, as precisely as possible, the parties’ interests and the possibilities for protecting these in relation to the subject matter of the dispute;
 4) discusses with the parties the possibilities for resolving the dispute by compromise.

 (5) A different judicial panel is appointed to conduct conciliation proceedings.

 (6) No written record or recording is made of the content of negotiations. Information concerning the content of negotiations cannot be taken as evidence in the administrative case in which conciliation proceedings were conducted.

§ 139.  Failure to appear for negotiations

 (1) Where a party does not appear for negotiations, the court postpones these, or resumes proceedings in the administrative case in accordance with clause 3 of subsection 1 of § 140 of this Code.

 (2) On postponing the negotiations, the court may hear the parties who appeared for these.

§ 140.  Conclusion of conciliation proceedings

 (1) Conciliation proceedings end:
 1) with approval of the compromise and termination of proceedings in the administrative case;
 2) when proceedings are resumed in the administrative case without a compromise having been reached – where the corresponding motion is made by any of the parties;
 3) when proceedings are resumed in the administrative case without a compromise having been reached – where the court does not consider it probable that a compromise would be reached within a reasonable time, or considers conciliation proceedings to be inexpedient for other reasons.

 (2) Where proceedings are resumed, the case continues to be dealt with by the initial judicial panel.

 (3) On resumption of proceedings, a party may not rely on any representation or admission made by another party during conciliation proceedings.

§ 141.  Costs of conciliation proceedings

  The costs incurred by parties in conciliation proceedings are borne by the parties themselves, unless otherwise agreed in the compromise.

Chapter 15 Consequences of Failure to Respond to Court and of Absence from Trial or Hearing 

§ 142.  Failure to respond to the court

 (1) Failure to respond to the court within the set time limit does not preclude disposition of the case, provided the time limit for providing a response has been duly notified to the party.

 (2) Where a party has applied for financial aid in order to provide a response, or where responding within the set time limit is prevented by a valid reason, the party may apply for an extension of the time limit.

§ 143.  Absence from the trial or hearing

 (1) A principal party’s or third party’s absence from the trial or hearing does not preclude consideration of the case if such a party has been duly notified of the time and place of the trial or hearing and they have not given advance notice to the court of a valid reason for non-appearance or have not substantiated this. In the contrary situation, the trial or hearing is postponed.

 (2) The court may consider the case without participation of a principal party or third party regardless of any valid reason if the trial or hearing has already been postponed once due to such a party’s absence and the party has been allowed the opportunity to make representations, assertions and offer evidence regarding all issues of relevance in the case.

 (3) The court may consider the case without participation of a party regardless of any valid reason if postponing the trial or hearing would disproportionately harm the public interest or the right of other parties to have the case dealt with within a reasonable time. In such a situation, the court must take all possible steps to ensure that circumstances relevant to protection of the rights of that party are ascertained.

 (4) The court does not postpone the trial or hearing for the reason that a party cannot appear for it in person, provided the party’s representative is present and the court does not deem the party’s personal appearance necessary.

 (5) Where an administrative authority added to proceedings does not appear at the trial or hearing, the court – if it considers this possible – gives judgment without that authority’s presence. In the contrary situation, the trial or hearing is postponed.

§ 144.  Dismissing the complaint

 (1) The court may dismiss the complaint if the complainant does not provide an item of evidence, explanation or response required by the court, or, within the time limit established by the court, fails to cure a defect of a procedural document which, if not complied with, is such as to prevent consideration of the case.

 (2) The court may dismiss the complaint if:
 1) the complainant has made a motion for a trial or hearing to be held in the case and neither the complainant nor their representative appears for the trial or hearing or
 2) the court has required the complainant to appear for the trial or hearing in person and the complainant does not appear.

§ 145.  Limitations concerning dismissal of complaint

  In situations provided for by § 144 of this Code, the court does not dismiss the complaint if:
 1) the respondent or third party has a valid reason for requesting consideration of the case, and the case can be disposed of without the item of evidence, explanation or response that the complainant has been required to provide, or without the complainant’s participation;
 2) the complainant has not been duly notified of the court’s direction regarding provision of an item of evidence, explanation or response, or the complainant has not been duly summonsed to court;
 3) the complainant has not been cautioned regarding the consequences of failing to respond to the court or of failing to appear for the trial or hearing;
 4) the complainant has, before expiry of the time limit set for providing a response – or before the trial or hearing – notified the court of a valid reason for failing to respond or to appear for the trial or hearing and substantiated such a reason or
 5) the respondent has admitted the complaint.

§ 146.  Resumption and reinstatement of proceedings

 (1) Where, in a situation provided for by subsection 1 of § 143 of this Code, substantive consideration of the case was concluded at the trial or hearing, the court resumes the trial or hearing by an order if, before judgment or other disposition terminating proceedings in the case is rendered, a principal party or third party who was absent from the trial or hearing makes the corresponding motion and that party or third party had a valid reason for not appearing for the trial or hearing and was unable to notify this to the court at the proper time.

 (2) Where the complaint was dismissed under § 144 of this Code, the complainant may, within 14 days from service of the corresponding order, make a motion for proceedings in the case to be reinstated, provided they had a valid reason for not responding or not appearing for the trial or hearing and were unable to notify this to the court at the proper time. Where the order dismissing the complaint must be served outside the Republic of Estonia or by means of published notice, the motion to reinstate proceedings may be made within 28 days following service of the order. Should proceedings be reinstated, they resume, in so far as reinstated, in the procedural situation that was reached before the complaint was dismissed.

 (3) Providing or substantiating a valid reason is not required for obtaining resumption or reinstatement of proceedings where the court’s direction to respond, or the summons, has not been handed over against signed receipt to the party or their representative, or where the complaint was dismissed unlawfully.
[RT I, 31.12.2014, 1 – entry into force 10.01.2015]

§ 147.  Limitations on resumption and reinstatement of proceedings

 (1) The court may decide not to resume or reinstate proceedings if the same party has repeatedly failed to respond to the court within the time limit, or has repeatedly been absent from the trial or hearing for a reason other than those provided by subsection 3 of § 146 of this Code.

 (2) Where a party was absent from the trial or hearing for a reason other than those provided by subsection 3 of § 146 of this Code, the decision not to reinstate proceedings may also be made if reinstatement would disproportionately harm the public interest or the right of the other parties to have the case heard within a reasonable time.

§ 148.  Disposing of motions

 (1) A motion made under subsection 1 or 2 of § 146 of this Code to resume or reinstate proceedings is disposed of by an order. The court may, in a form of its own choosing, invite the principal parties or third parties to state their views concerning the motion, provided this is possible without delay.

 (2) An appeal may be filed against the order provided for by subsection 1 of this section, and the order rendered by the circuit court of appeal on the appeal may be appealed to the Supreme Court. Erroneous resumption or reinstatement of proceedings may not be relied on when appealing a disposition subsequently rendered in proceedings.

§ 149.  Failure to participate in proceedings and leaving the trial or hearing

  Failure to participate in proceedings at the trial or hearing and the leaving of trial or hearing is subject to § 421 of the Code of Civil Procedure.

§ 150.  Valid reason

 (1) A valid reason for failure to respond to the court – or to appear for the trial or hearing – without notifying this to the court is, first and foremost, a disruption of traffic, the party’s unexpected illness or the death or unexpected serious illness of a person close to the party that rendered the party unable to respond to the court or appear in court, or to authorise a representative to do this in party’s stead.

 (2) To substantiate an illness that prevented the party from responding to the court or from appearing for the trial or hearing, the party or the party’s representative provides to the court a certificate that shows that the illness may be deemed an obstacle to the party’s responding to the court or appearing for the trial or hearing. The form of the certificate and the conditions of its issue are subject to the rules enacted under subsection 2 of § 422 of the Code of Civil Procedure.

 (3) The certificate mentioned in subsection 2 of this section – or its absence – do not preclude ascertainment of the illness, or absence of illness, by means of other evidence.

Chapter 16 Dismissing the Complaint and Terminating the Proceedings 

§ 151.  Grounds for dismissing the complaint

 (1) The court enters an order by which it dismisses the complaint where:
 1) circumstances provided for by subsection 1 of § 121 of this Code come to light after acceptance of the complaint;
 2) the complainant does not comply with the court’s requirement to enlist the assistance of an interpreter or a representative who is proficient in the Estonian language;
 3) the complainant has not, by the time set by the court, paid the statutory fee or the fee for translation of a procedural document.

 (2) The court may enter an order by which it dismisses the complaint where:
 1) circumstances provided for by subsection 2 of § 121 of this Code come to light after acceptance of the complaint;
 2) it has not been possible, even on repeating the attempt, to serve the court’s requirement or summons on the complainant at the address stated in the complaint, or at the complainant’s registered address, and the complainant has not informed the court of a change in their address;
 3) the complainant does not duly respond to the court’s requirement or is absent from the trial or hearing under circumstances provided for by § 144 of this Code.

§ 152.  Grounds for terminating the proceedings

 (1) The court enters an order by which it terminates the proceedings:
 1) if the complainant has previously already filed with the administrative court a complaint that seeks the same relief in the same cause and the complaint has been dealt with by a judgment or a court order terminating the proceedings, and the judgment or order has entered into effect;
 2) when the time limit for filing the complaint has been exceeded, in accordance with subsection 2 of § 124 of this Code;
 3) when the court accepts abandonment of the complaint or approves a compromise;
 4) if the administrative decision contested in the complaint has been revoked or declared invalid, or the administrative decision sought by the complaint has been issued or the administrative operation carried out;
 5) on the death or dissolution of a principal party, if the legal relationship in which the dispute arose does not allow succession.

 (2) Where this is needed to protect the complainant’s rights and the complainant makes the corresponding motion, the court does not terminate proceedings under clause 4 of subsection 1 of this section, but continues them so as to ascertain the unlawfulness of the administrative decision, or of the omission to issue such a decision.

 (3) Where circumstances provided for by subsection 1 of this section come to light before acceptance of the complaint, proceedings are terminated without having accepted the complaint.
[RT I, 28.11.2017, 1 – entry into force 01.01.2018]

§ 153.  Abandoning the complaint

 (1) Until a conclusive disposition concerning the complaint enters into effect, the complainant has a right to abandon the complaint by making a representation to that effect. Where the complainant does not possess active legal capacity for purposes of administrative court procedure, the court does not accept an abandonment by the complainant’s statutory representative if it is manifest that abandoning the complaint is contrary to the complainant’s interests, and appoints a new representative to the complainant.

 (2) Where the representation abandoning the complaint is made outside the trial or hearing, the court, before it decides on termination of proceedings, notifies the respondent and third parties of the making of that representation and sets them a time limit for responding to it. If the respondent or third party wishes the complainant to be ordered to pay case costs, they must make the corresponding motion in the response and provide cost documents.

§ 154.  Compromise

 (1) The parties may, until a concluding disposition concerning the complaint enters into effect, conclude the proceedings by a compromise. Where the compromise limits the rights of a third party, it must also be agreed by the third party. The court does not approve a compromise that is unlawful, interferes with the rights of a person who has not been added to proceedings or is impossible to carry out.

 (2) Concluding a settlement as a compromise approved by the court substitutes for notarial authentication of the settlement. The compromise may be conditional.

 (3) Where the compromise contains civil law conditions, it is subject additionally to subsections 8 and 9 of § 430 of the Code of Civil Procedure.

 (4) Throughout the proceedings, the court must make every effort within its power to have the case or a part of the case disposed by compromise or other settlement reached by the parties, provided this is reasonable in the court’s assessment. To achieve that, the court may, among other things, present a draft compromise to the parties, or summon the parties to court in person, as well as propose to them that they resolve the dispute out of court, or propose to conduct the conciliation proceedings provided for by Subchapter 5 of Chapter 14 of this Code.

§ 155.  Rules for dismissing the complaint and for terminating the proceedings

 (1) Where this is possible, the order by which the complaint is dismissed should state how the circumstance precluding consideration of the complaint may be eliminated. Where the complainant is not represented by an attorney, the court, prior to entering an order by which it terminates proceedings, explains to them the consequences of termination.

 (2) If the court finds that the complaint must be dismissed because dealing with the dispute falls within the subject matter jurisdiction of a court dealing with civil, criminal or misdemeanour cases, but that court has previously ruled that it does not have jurisdiction to deal with the case, the court that has jurisdiction is determined by the Supreme Court in accordance with the rules provided by § 711 of the Code of Civil Procedure.

 (3) Where the complaint is dismissed or proceedings are terminated by a higher-instance court, that court makes an order by which also sets aside the disposition entered by the lower-instance court. Where the complaint is dismissed or proceedings are terminated by the court that disposed of the case – on a representation made during the time limit for appealing, that court revokes the disposition entered in the case.

 (4) The court accepts abandonment of the complaint – and approves a compromise – by an order by which it also terminates proceedings in the case. The order that approves the compromise states the conditions of the compromise. Where the court does not accept the abandonment or does not approve the compromise, it does so by a reasoned order. Before accepting the abandonment, the court explains its consequences to the complainant. Before approving the compromise, the court explains its consequences to the complainant and any third parties.

 (5) An appeal may be filed against an order by which the administrative court or the circuit court of appeal dismisses the complaint, terminates proceedings, refuses to accept abandonment of the complaint or to approve the compromise, and the order rendered by the circuit court of appeal on the appeal may be appealed to the Supreme Court.

 (6) Dismissal of the complaint and termination of proceedings have the consequences provided by § 43 of this Code.

Chapter 17 Judicial Disposition 

Subchapter 1 Judgment 

§ 156.  Judgment as substantive disposition

 (1) ‘Judgment’ means judicial disposition that has been rendered as a result of judicial proceedings and that substantively disposes of the complaint.

 (2) Judgments are subject to provisions of §§ 435, 441, 446 and 447 of the Code of Civil Procedure and to clause 2 of § 2² of the Act to Implement the Code of Civil Procedure and the Code of Enforcement Procedure.
[RT I, 29.06.2012, 3 – entry into force 01.01.2013]

§ 157.  Lawfulness and reasons of judgments

 (1) A judgment must be lawful and reasoned.

 (2) When rendering its decision, the court may rely strictly on evidence taken in the case, which the principal parties and third parties had the possibility to examine, and on circumstances regarding which those parties had the possibility to express their views. Where the court assesses a focussed-upon circumstance differently from the parties, it must have previously drawn the parties’ attention to that possibility and provided them an opportunity to express their views.

 (3) Where the case was considered at trial or at a hearing, the court may not found its decision on an item of evidence that was not examined at the trial or hearing.

 (4) Where an item of evidence was examined and assessed in previous administrative proceedings, including challenge proceedings, the court may decide not to conduct a new examination and assessment of the item, except if the complainant contests a circumstance ascertained in the administrative decision or in the decision on disposing of the challenge, and the court deems it necessary to conduct a new examination and assessment of the item.

§ 158.  Issues to be resolved when giving judgment

 (1) When rendering its decision in the case, the court assesses the evidence and determines which circumstances have been ascertained, as well as which legislative or regulatory instrument falls to be applied, and whether the complaint is to be granted. Where the complaint includes several items of relief, the court renders a decision regarding all of these.

 (2) Unless the law provides otherwise, the court ascertains any circumstance of the case as it stands at the time of rendering the judgment. The court assesses the lawfulness of an administrative decision or operation by reference to the time that the decision was issued or the operation carried out.

 (3) When assessing the lawfulness of an administrative decision issued or an administrative operation carried out based on the exercise of discretionary powers, the court also verifies whether the administrative authority complied with the limits and purpose of those powers and observed other rules that govern their exercise. The court does not conduct a separate assessment of the expediency of a discretionary decision. When verifying the lawfulness of an administrative decision or operation, the court does not engage in an exercise of the discretionary power in the stead of the administrative authority.

 (3¹) The lawfulness of a decision refusing to grant international protection is assessed by the administrative court as it would stand at the time when the court renders judgment. In international protection cases, the respondent may, in judicial proceedings, offer considerations that are supplementary to those that it provided when refusing to grant the protection.
[RT I, 06.04.2016, 1 – entry into force 01.05.2016]

 (4) When disposing of the case, the court sets aside any law or other legislative instrument that contravenes the Constitution of the Republic of Estonia or the law of the European Union.

 (5) In the judgment, the court also determines the division of case costs and the costs that parties are ordered to pay.

§ 159.  Admission

 (1) Where the respondent – at the trial or hearing or in a representation made to the court – admits the complaint, the court grants the complaint.

 (2) Admission of the complaint at the trial or hearing is noted in the record of proceedings.

 (3) Where admission of the complaint is provided to the court as a written representation, the representation is included in the case file. Where the respondent makes the representation to the court during preliminary proceedings, the court disposes of the case without holding the trial or hearing.

 (4) The court does not accept the admission if a third party does not agree to granting the admitted complaint. In such a situation, the court enters a reasoned order and proceeds to deal with the case in accordance with regular rules. The court explains to the third party that not agreeing to the granting the admitted complaint may – in accordance with subsection 5 of § 108 of this Code – lead to that party being ordered to bear the complainant’s case costs.

§ 160.  Content of the judgment

 (1) A judgment consists of the introduction, the operative part, explanations, the descriptive part and reasons.

 (1¹) The court may, in a separate document appended to the decision that orders a party to pay a sum of money to the Republic of Estonia on account of a claim that has not arisen through participation, as a party before the court, of the state or an administrative authority, set out the particulars needed to pay the claim.
[RT I, 21.06.2014, 11 – entry into force 01.07.2014]

 (1²) The list of particulars needed to fulfil a claim mentioned in subsection 1¹ of this section, and the technical requirements concerning their presentation are laid down by a regulation of the minister in charge of the policy sector.
[RT I, 21.06.2014, 11 – entry into force 01.07.2014]

 (2) The court may omit the descriptive part and reasons from its judgment. In such a situation, the judgment must state that, should a party notify the court within ten days following public announcement of the judgment of their intention to appeal it, the court shall supplement the judgment in accordance with subsection 2 of § 170 of this Code.
[RT I, 28.11.2017, 1 – entry into force 01.01.2018]

 (3) Where any of the parties has, during proceedings, made a motion to have the judgment include the descriptive part and reasons, the judgment may not be rendered without these.

§ 161.  Introductory part of the judgment

  The introductory part of the judgment states:
 1) that the judgment is rendered in the name of the Republic of Estonia;
 2) the name of the court that renders the judgment;
 3) the judicial panel that rendered the judgment;
 4) the time and place of public announcement of the judgment;
 5) the docket number of the administrative case;
 6) a general description of the subject matter of the dispute;
 7) the names of the parties and of their representatives;
 8) the time when the last trial day or hearing was held or a reference to the case having been dealt with in written or streamlined proceedings.

§ 162.  Operative part of the judgment

 (1) In the operative part of the judgment, the court clearly and unambiguously disposes of the items of relief stated in the complaint and of any outstanding motions or applications of the parties.

 (2) Where, in the administrative case, the court sets aside a law or another legislative or regulatory instrument because of incompatibility with the Constitution or with the law of the European Union, a corresponding note is included in the operative part of the judgment.

 (3) Where this is needed, the court states, in the operative part of its judgment, the conditions for its execution and determines any issues related to interim protection.

 (4) The operative part must be understandable and capable of execution also without other parts of the judgment. The operative part must be clearly distinguishable from other parts of the judgment.

§ 163.  Explanations of the judgment

  Explanations are included with the operative part. In the explanations, the court states the time limits for and rules that govern appeal against its judgment, including the court with which the appeal can be filed, as well as any other explanations provided for by the law.

§ 164.  Descriptive part of the judgment

  The descriptive part of the judgment states, in logical sequence, briefly and with an emphasis on the material substance, a description of the administrative case and of hitherto proceedings in it, the items of relief sought in the complaint and any assertions made in support of, or objections raised to, those items by the parties.

§ 165.  Reasons of the judgment

 (1) The reasons of the judgment state:
 1) circumstances that were declared to have been proven in the course of examination of evidence in court as well as the items of evidence that the court relied on to declare those circumstances proven;
 2) items of evidence taken in the case that the court considers unreliable or irrelevant, together with the reasons why the court so considers;
 3) circumstances of which the court has taken judicial notice, together with the reasons why the court took the notice;
 4) the reasons why the court does not agree with assertions made by the parties;
 5) the law applied by the court;
 6) the court’s conclusions.

 (2) Where the decision is made not to grant the complaint and the reason for disagreeing with assertions made by the complainant in the course of judicial proceedings – or for not taking into account an item of evidence referred to by the complainant – has already been provided in the contested administrative decision or in the decision on the challenge against it that disposed of the items of relief stated in the complaint, and the court follows that reason, it does not need to repeat the reason in its judgment and may refer to its agreement with the reason.

§ 166.  Particulars of the parties

 (1) The judgment must also indicate any substitution of parties and state who the previous parties were.

 (2) The judgment states the names of the parties and, where this is needed, their personal identification or registration numbers. Where a natural person does not possess a personal identification number, the judgment states their date of birth. Where a legal person does possess a registration number, the judgment states, if this is needed, a reference to the person’s legal basis.

§ 167.  Judgment awarding a sum of money

 (1) Where the complainant seeks the award of a sum of money or an order imposing the obligation to pay such a sum, the court, if it grants the complaint, ascertains the sum in the judgment. Where ascertaining the sum by the court would require an excessive expenditure of time, the court may issue a compliance notice to the respondent to ascertain and pay the sum. In the notice, the court determines the general conditions for ascertaining and paying the sum.

 (2) Where the respondent is an official – or a collegial body – of the state or of a municipality, the sum is ordered to be paid by the authority that services the official or body or otherwise has the closest connection with them.

 (3) An item of relief seeking late interest or interest may be granted together with the principal item of relief such that payment of the late interest or interest is ordered as a fixed sum or, in its entirety or in part, as a percentage of the principal item.

§ 168.  Conditions for execution of the judgment

 (1) When granting the complaint, the court may, in the operative part of the judgment, fix a time limit for, or any other material conditions relating to, execution of the judgment, making sure that parties are able to state their views on the matter. The court may also order execution of the judgment to be ensured by measures of interim protection, or order interim protection to apply until a new administrative decision is issued to replace the decision set aside by the judgment.

 (1¹) In so far as the judgment awards a sum of money, it must be executed within 30 days following its entry into effect, with the exception of judgments subject to enforcement without delay or those that prescribe a different time limit.
[RT I, 28.11.2017, 1 – entry into force 01.01.2018]

 (2) The court may order that the judgment be enforced without delay in accordance with the conditions and rules provided by § 247 of this Code.

§ 169.  Judgment in streamlined proceedings

 (1) When considering the case in streamlined proceedings in situations mentioned in subsection 1 and 2 of § 133 of this Act, the court may render a judgment without the descriptive part and the reasons, provided all of the following conditions are met:
[RT I, 11.03.2023, 3 – entry into force 21.03.2023]
 1) the complaint is denied;
 2) the reasons for disagreeing with assertions made by the complainant in judicial proceedings and for not taking into account items of evidence referred to by the complainant are set out exhaustively and clearly in the administrative decision, in the decision disposing of the challenge against the administrative decision or in the response provided to the complaint;
 3) the court follows the reasons referred to in clause 2 of this subsection, stating its agreement with those reasons in the judgment and referring to this subsection and to the document in which the reasons are set out.

 (2) When considering the case in streamlined proceedings in situations mentioned in subsection 1 and 2 of § 133 of this Act, the court may initially publicly announce the judgment without the descriptive part and the reasons, among other things, confining itself to oral pronouncement of the judgment’s operative part. The court supplements a judgment issued as the operative part with the introductory part and the reasons if, within 15 days following public announcement of the operative part, a party notifies the court of their intention to appeal the judgment. No reasons are required to be given for the intention to appeal. The judgment must be publicly announced in full within 30 days following notification of the intention to appeal. Where the time of public announcement of the judgment was not notified during trial or at a hearing or where the time was notified but the party was absent from the trial or hearing for a valid reason, and has not been served in advance with a notice regarding the time of announcement, the time limit for notifying the intention to appeal the judgment begins to run from service of the operative part of judgment.
[RT I, 11.03.2023, 3 – entry into force 21.03.2023]

 (3) Where a party does not notify the court, within the time limit, of their intention to appeal the judgment, the party is deemed to have waived their right to appeal.
[RT I, 28.11.2017, 1 – entry into force 01.01.2018]

§ 170.  Supplemental judgment

 (1) The court that decided the case may, on a party’s, or of its own, motion, give a supplemental judgment if:
 1) one or several of the items of relief sought or motions or applications made has or have not been disposed of in the operative part of the judgment;
 2) the operative part of the judgment is not intelligible or not enforceable, first and foremost where it omits to state the sum of money awarded or the general conditions for ascertaining paying that sum, or where it omits to state, with sufficient precision, the substance of the administrative decision or administrative operation that the respondent is required to issue or to carry out;
 3) the court has not divided the case costs or has not stated the amount of the costs that a party is ordered to pay.

 (2) The court supplements a judgment given without the descriptive part or the reasons with the missing part if, within ten days following public announcement of the judgment, a party notifies the administrative court of their intention to appeal that judgment. No reasons are required to be given for the intention to appeal. Supplementation of the judgment is dealt with in written proceedings and is not notified to the other parties. The judgment must be publicly announced in full within 30 days following notification of the intention to appeal. Where the time of public announcement was not notified during trial or at a hearing or where the time was notified but the party was absent from the trial or hearing for a valid reason, and has not been served in advance with a notice regarding the time of announcement, the time limit for notifying the intention to appeal begins to run from service of the supplemental judgment.
[RT I, 28.11.2017, 1 – entry into force 01.01.2018]

 (3) Where a party has not notified the court within the time limit provided by subsection 2 of this section of their intention to appeal the judgment given without the descriptive part and the reasons, the party is deemed to have waived their right to appeal.

 (4) Supplemental judgments are subject to subsections 4, 5 and 6 of § 448 of the Code of Civil Procedure.

 (5) A motion for a supplemental judgment may be made within 15 days following public announcement of the judgment. Where the time of public announcement of the judgment was not notified during trial or at a hearing or where the time was notified but the party was absent from the trial or hearing for a valid reason, and has not been served in advance with a notice regarding the time of announcement, the time limit for appealing the judgment starts to run from service of the judgment. The supplemental judgment, or an order refusing to give a such a judgment, must be given within 15 days following the making of the motion. The court may, of its own motion, give a supplemental judgment within 20 days following public announcement of the judgment.
[RT I, 28.11.2017, 1 – entry into force 01.01.2018]

§ 171.  Interim judgment and partial judgment

 (1) The court may enter an interim judgment regarding a circumstance material to substantively dealing with the relief sought if this facilitates expeditious disposition of the case and reduces costs.
[RT I, 28.11.2017, 1 – entry into force 01.01.2018]

 (2) For purposes of appeal, an interim judgment is identical to conclusive judgment. When interim judgment enters into effect, the court continues proceedings concerning other circumstances of the case and gives conclusive judgment on these. Where the court recognises that the relief sought is not justified, it gives conclusive judgment in the case and discontinues proceedings.
[RT I, 28.11.2017, 1 – entry into force 01.01.2018]

 (3) Where several independent but interrelated claims are joined for purposes of proceedings or where one of several heads of relief – or part of a head of relief – sought by the complaint is ready to be decided conclusively, the court may give separate judgment on each of these, provided this expedites consideration of the case. The court continues proceedings on any items of relief that have not been disposed of.

§ 172.  Disposing of motions

 (1) Where a motion to dismiss the complaint or to terminate proceedings in the case – including on account of abandonment of the complaint or of conclusion of a compromise – or a motion for interim protection, or another similar motion, is made after judgment was given in the case but before that judgment has entered into effect and before an appeal is filed against it, the motion is disposed of by the court that made the disposition. If the court dismisses the complaint or terminates proceedings, it also enters an order by which it revokes the disposition that was made.

 (2) Once an appeal has been filed, the operations mentioned in subsection 1 of this section can be performed by the higher court, even if the appeal has not yet been accepted.

Subchapter 2 Judgment: Announcement and Entry into Effect 

§ 173.  Public announcement

 (1) A judgment is publicly announced through the court’s office or by pronouncement at a hearing in accordance with §§ 453 and 454 of the Code of Civil Procedure.

 (2) Where judgment is not given at trial or at a hearing that concludes consideration of the case, the court announces the time and method of public announcement of the judgment at the trial or hearing. Where the case is considered without holding the trial or hearing or if a party did not attend the trial or hearing, the court notifies parties of the time of announcement of the judgment. The court also notifies parties of any changes to the time of public announcement of the judgment.

 (3) Only where a valid reason – first and foremost, a particularly large volume or particular complexity of the case – is present, may judgment be publicly announced later than 30 days after the last trial day or hearing or, in written proceedings, after the due date for making motions or applications and offering documents. Public announcement of the judgment may not be scheduled for later than 60 days after the last trial day or hearing or, in written proceedings, after the due date for making motions or applications and offering documents. Non-observance of the time limit for public announcement is not, in itself, a ground for setting the judgment aside.

 (4) The time of public announcement of the judgment and any changes to such time are also published on the court’s website without delay after the time has been set or changes are decided, stating the docket number of the administrative case, the names of parties and a general description of the subject matter of the dispute. Where this is required for protection of privacy, a party’s name is not made public. For a judgment given in proceedings closed to the public, only the time of public announcement of the judgment – and any changes to such time –, the docket number of the administrative case and a note stating that proceedings were closed to the public are published. The time of public announcement is removed from the court’s website when 30 days have elapsed following announcement of the judgment.

 (5) By entering a corresponding reasoned order, the court may, for a reason mentioned in subsection 1 or 2 of § 38 of the Code of Civil Procedure, publicly announce only the operative part of its judgment. In such a situation, a party may, in addition to service of the judgment, also request a certified copy of the judgment that includes the introductory and the operative part.

 (6) The court may, during the time for public announcement of the judgment, initially announce the judgment without its descriptive part and reasons – among other things, orally pronounce solely the operative part of the judgment or dictate that operative part at a hearing and provide a brief oral explanation of the reasons for the judgment. Where the court dictates the operative part of its judgment at a hearing, that part is made available in written form at the court office at the latest on the business day following the hearing.

§ 174.  Serving the judgment

  The court serves the judgment on parties without delay.

§ 175.  Publishing the judgment

 (1) A judgment that has entered into effect is published at the designated address in a computer network. This has no effect on the judgment’s entry into effect.

 (2) Regardless of whether the judgment has or has not entered into effect, the court may, observing the conditions provided by § 89 of this Code, make the judgment available to any person who requests this.

 (3) On an application of the data subject, or of the court’s own motion, the name of the data subject in the judgment to be published is replaced by initials or an alphabetic letter, and the subject’s personal identification number, date of birth, registration number, address or other particulars permitting their specific identification are not published. A judicial disposition does not conceal the particulars of an authority of the state or of a municipality, of a public legal person or of any other person vested with public authority.

 (4) Where the judgment contains sensitive personal data or other data whose publication may materially harm the privacy of the person concerned, and where it is not possible to avoid harm to the person’s privacy by observing, among other things, provisions of subsection 3 of this section, the court, on a motion of the data subject, or of its own motion, publishes the judgment without the particulars that harm the person’s privacy, publishes solely the operative part of the judgment, or does not publish the judgment.

 (5) Where the judgment contains information on which other access limitations have been imposed by a law, the court, on a motion of the interested person, or of its own motion, publishes the judgment without that information, only publishes the operative part of the judgment, or does not publish the judgment.

 (6) The decision – made on a motion mentioned in subsections 2−5 of this section – to publish the judgment in part or not to publish the judgment is made as an order. Where this is needed and possible, the court hears the data subject before making the order. The person who made the motion may appeal the order of the administrative court or of the circuit court of appeal by which their motion was denied, and the order rendered by the circuit court of appeal on the appeal may be further appealed to the Supreme Court strictly if the motion was made after conclusion of judicial proceedings.
[RT I, 28.11.2017, 1 – entry into force 01.01.2018]

§ 176.  Time of entry into effect of the judgment

 (1) A judgment enters into effect when it can no longer be contested – except in proceedings for review of judicial dispositions that have entered into effect – without obtaining reinstatement of the time limit.

 (2) Contestation of the judgment within the time limit precludes the judgment’s entry into effect from until the judicial disposition rendered on the appeal enters into effect. Where the judgment was contested in part, it enters into effect in the part that was not contested. Where the time limit for contesting the judgment is reinstated, the judgment is deemed not to have entered into effect.

 (3) [Repealed – RT I, 28.11.2017, 1 – entry into force 01.01.2018]

 (4) The note concerning the judgment’s entry into effect is made, in accordance with § 458 of the Code of Civil Procedure, by the office of the administrative court that disposed of the case.

§ 177.  Consequences of entry into effect of the judgment

 (1) A judgment that has entered into effect is binding on parties in the part in which it disposes of the relief sought by the complaint in relation to circumstances that constitute its cause.

 (2) In so far as a judgment sets aside an administrative decision or ascertains it to be void, the judgment’s effect extends to all persons.

 (3) It is presumed that the descriptive part of the judgment constitutes proof of the representations made by parties during proceedings.

 (4) A judgment that was given in class proceedings and that has entered into effect is also effective for any person who did not, within the time limit, apply for being added to proceedings, provided the notice concerning class proceedings was published in accordance with requirements and provided the court observed the provision of subsection 2 of § 22 of this Code regarding the person.

 (5) A judgment that has entered into effect is also effective for any person who, after the filing of the complaint, became a party’s successor. Where succession was triggered by acquisition of a property object, the judgment does not have effect for a successor who acquired the disputed object without knowing, at the time of acquisition, of the judgment or of the filing of the complaint.

Subchapter 3 Order 

§ 178.  Order

 (1) The court uses orders to dispose of procedural motions or applications made by parties as well as to direct and manage proceedings. In situations provided for by the law, the court may dispose of the case by an order.

 (2) Orders are subject to §§ 464 and 465 of the Code of Civil Procedure.

 (3) Unless the contrary emanates from the law or from the nature of the order, orders are subject to provisions governing judgments.

 (4) An order that cannot be appealed may also be made as a note on a party’s representation that the order disposes of.

§ 179.  Notification and entry into effect of the order

 (1) The following are served on parties:
 1) any order that constitutes an enforceable title;
 2) any order that can be appealed;
 3) any order that sets a time limit for a person to perform a procedural operation or that determines the time and place of public announcement of the judgment.

 (2) An order by which the court returns or dismisses the complaint or terminates proceedings in the case is made public in accordance with rules governing public announcement of judgments.

 (3) An order that can be appealed enters into effect when, under the law, it can no longer be contested – except in proceedings for review of judicial dispositions that have entered into effect – without obtaining reinstatement of the time limit, or when a disposition that denies or dismisses the appeal enters into effect. Any other orders enter into effect when served or announced, unless the law provides otherwise.

 (4) An order that has entered into effect and by which the complaint is returned or dismissed, or proceedings are terminated is published in a computer network in accordance with § 175 of this Code.

PART IV PROCEEDINGS IN THE CIRCUIT COURT OF APPEAL 

Chapter 18 Proceedings on Appeal against Judgment of Administrative Court 

Subchapter 1 Filing an appeal against judgment of administrative court 

§ 180.  Right of appeal

 (1) Where the administrative court has erroneously applied a rule of substantive law, erroneously assessed evidence or materially violated a rule of judicial procedure, a principal party or third party has a right to contest the court’s judgment by filing an appeal with the circuit court of appeal. The reasons stated in the judgment cannot be contested without contesting the operative part of the judgment, except where such reasons independently affect the rights or duties of a party.

 (2) An appeal against the judgment may also be filed by a person who was not added to judicial proceedings, provided the administrative court decided on their rights and freedoms that are protected by the law.

 (3) The right to appeal does not apply if the party has waived it in accordance with subsection 3 of § 169 and subsection 3 of § 170 of this Code.
[RT I, 28.11.2017, 1 – entry into force 01.01.2018]

§ 181.  Time limit for appeal

 (1) The appeal must be filed within 30 days following public announcement of the judgment. Where the time of public announcement of the judgment was not notified during trial or at a hearing or where the time was notified but the party was absent from the trial or hearing for a valid reason, and has not been served in advance with a notice regarding the time of announcement, the time limit for appeal starts to run from service of the judgment. Where a judgment given without the descriptive part or the reasons is supplemented with the missing part in accordance with subsection 2 of § 169 and subsection 2 of § 170 of this Code, the time limit for appeal starts to run anew from service of complete judgment.
[RT I, 28.11.2017, 1 – entry into force 01.01.2018]

 (2) Where the administrative court, when disposing of the case, in the operative part of its judgment declares a legislative or regulatory instrument that falls to be applied in the case to be unconstitutional and sets it aside, the time limit for appeal is calculated from pronouncement of the disposition rendered by the Supreme Court in constitutional review proceedings regarding the instrument that was set aside.

 (3) Where an appeal is filed after expiry of the time limit for appeal, the circuit court of appeal decides on reinstating the time limit having regard to provisions of § 71 of this Code.

§ 182.  Requirements for the appeal

 (1) The appeal is filed in writing with the circuit court of appeal according to territorial jurisdiction.
The appeal states the following:
 1) names, addresses and procedural role of parties, as well as particulars of their means of telecommunication;
 2) the name and address of the person filing the appeal (hereinafter, ‘the appellant’), and particulars of their means of telecommunication;
 3) the name of the circuit court of appeal;
 4) the name of administrative court that gave the judgment against which the appeal is filed, the date of the judgment and the docket number of administrative case;
 5) reasons for the appeal, identifying the rule of law that the administrative court has applied erroneously or any circumstances that that court has ascertained erroneously or inadequately, and what such violation of the rule or erroneous or inadequate ascertainment of circumstances consists in;
 6) a reference to items of evidence by which the appellant intends to prove each of the factual assertions made;
 7) clearly expressed relief that the appellant seeks, stating the scope within which the appellant contests the judgment of the administrative court, as well as the disposition that the appellant seeks from the circuit court of appeal;
 8) particulars concerning payment of the statutory fee;
 9) whether the appellant wishes the case to be considered at a hearing. If the appellant does not state this, it is presumed that they agree to the case being disposed of in written proceedings;
 10) a list of documents annexed to the appeal.

 (2) Where new evidence is offered – or motion to take new evidence made – in proceedings on appeal, reasons must be stated for why it was not possible to offer such evidence, or make a motion to obtain it, in administrative court.

 (3) The appeal may not include any heads of relief that were not stated in the administrative court.

§ 183.  Amending the appeal

  Until expiry of the time limit for appeal, the appellant may extend the scope of their appeal to the part or parts of the judgment that they did not initially contest. After expiry of the time limit for appeal, parties may offer additional views and reasons.

§ 184.  Filing a counter-appeal

 (1) ‘Counter-appeal’ means an appeal that another party files in response to the appeal, to be considered together with the latter.

 (2) Unless the contrary emanates from this section, a counter-appeal is governed by provisions regarding appeal. A counter-appeal may also contest parts of judgment that were not contested in the appeal.

 (3) A counter-appeal may be filed within 14 days following service of the appeal on the counter-appellant, or – where the time limit for appeal has more than 14 days to run – within the remainder of the time limit.

 (4) A counter-appeal that is filed after expiry of the time limit for appeal but within the 14-day time limit provided by subsection 3 of this section is dismissed if the appellant abandons – or the court rejects or dismisses – the appeal, or if proceedings in the case are terminated.
[RT I, 19.03.2015, 1 – entry into force 29.03.2015]

Subchapter 2 Proceedings on appeal against judgment of administrative court 

§ 185.  Application of procedural provisions

 (1) Proceedings on the appeal are governed by provisions on proceedings in the court of first instance, unless other provisions apply to proceedings on appeal or unless provisions on proceedings in the court of first instance are incompatible with the nature of proceedings on appeal.

 (2) The circuit court of appeal may dispose of the case in written proceedings or in streamlined proceedings, having regard to provisions of Subchapters 3 and 4 of Chapter 14 of this Code and regardless of the type of proceedings that the administrative court used to dispose of the case. The circuit court of appeal does not conduct conciliation proceedings.

§ 186.  Instructing the lower court to send up the case file

  [Repealed – RT I, 10.02.2023, 1 – entry into force 01.04.2023]

§ 187.  Deciding on acceptance of the appeal

 (1) Having received the appeal, the circuit court of appeal makes an order by which it decides whether to accept or refuse to accept the appeal.

 (2) Where acceptance is refused, the appeal is returned by a corresponding order without having been considered. Having been returned, the appeal is deemed not to have been filed.

 (3) The appeal is returned where:
 1) the circuit court of appeal does not have territorial jurisdiction to deal with the appeal;
 2) the appeal has been filed after expiry of the time limit for appeal and the circuit court of appeal does not reinstate the time limit;
 3) the statutory fee has not been paid;
 4) the person who filed the appeal on behalf of the appellant has not substantiated their authority of representation;
 5) presuming the assertions made in the appeal to be true, it is manifest that the appeal cannot be granted;
 6) the appellant does not have the right to appeal or where it is manifest that, because of a change in circumstances, the judgment to be rendered in the case could no longer affect the rights or obligations of the appellant;
 7) the appeal does not meet requirements provided by § 182 of this Code.

 (3¹) The circuit court of appeal may return the appeal where the law permits the case to be considered in streamlined proceedings and where, under the circumstances, the probability of the appeal being granted is low.
[RT I, 28.11.2017, 1 – entry into force 01.01.2018]

 (4) Where it appears that the defect that prevents acceptance of the appeal can be cured, the court enters an order by which it provisionally refuses to consider the appeal and sets a reasonable time limit for the appellant to cure the defect. If the appellant fails to comply with the court’s requirement by the due date, the court makes an order by which it returns the appeal to the appellant.

 (5) Where the appeal is returned for the reason that the circuit court of appeal with which it was filed does not have territorial jurisdiction over the case, the court transmits the appeal to the circuit court of appeal that is the right court in terms of such jurisdiction. The appeal is deemed to have been filed at the time that it reached the first circuit court of appeal. The same rules are applied when the appeal is filed with the administrative court that gave judgment in the case.

 (6) The court serves the order by which the appeal is returned on the parties. Together with the order, the circuit court of appeal returns to the appellant their appeal and any annexes to it.

 (7) The appellant may file an appeal with the Supreme Court against the order by which the court refuses to accept the appeal.

§ 188.  Operations in preliminary proceedings

 (1) Having accepted the appeal, the circuit court of appeal:
 1) serves a copy of the appeal with any annexes to it on the other parties and requires the adverse party in proceedings on appeal, as well as any administrative authority added to proceedings, to provide a response to the appeal by the due date set by the court and explains to any third parties their right to provide such a response;
 2) explains to the other parties their right to respond to the appeal, setting the corresponding time limit, and explains the right to file a counter-appeal;
 3) serves any responses provided to the appeal on the other parties;
 4) disposes of parties’ motions or applications that need to be disposed of before the trial or hearing or, in written proceedings, before giving judgment.
 5) clarifies whether the case can be disposed of by settlement, or by any other method, during preliminary proceedings;
 6) where this is needed, invites the parties to provide supplementary views or takes other evidence needed to dispose of the case;
 7) where this is needed, adds the persons provided for by clauses 2 and 3 of subsection 1 of § 15 of this Code to proceedings.

 (2) After acceptance of the appeal, the case is prepared for disposition by a designated member of the judicial panel of the circuit court of appeal with a degree of attention to detail that is sufficient to ensure that, should a hearing be convened, the case could be disposed of in that hearing.

 (3) The member of the judicial panel, sitting alone, disposes of any motions or applications made by parties in relation to preparation of the case, and makes any orders to prepare the case for consideration or otherwise manage it. Refusal to admit an item of evidence is decided by the panel.

§ 189.  Response to the appeal

 (1) The response to the appeal must, among other things, state:
 1) whether the appeal was rightly accepted by the circuit court of appeal;
 2) whether the party agrees with the appeal or opposes it;
 3) objections to any motions or applications made and reasons given in the appeal, as well as the circumstances relied on;
 4) the party’s motions or applications together with their reasons and with other particulars necessary for disposing of the motions or applications;
 5) whether the party wishes the case to be considered at a hearing, taking into account the fact that, if the corresponding wish is not stated, the party is presumed to consent to written proceedings;
 6) where new circumstances and items of evidence are offered, the reasons why these were not offered in the administrative court.

 (2) The court serves the response to the appeal on the other parties together with copies of any documents annexed unless it can be presumed that the party already possesses the document or a copy of the document.

§ 190.  Dismissing the appeal

  Where, after acceptance of the appeal, circumstances provided for by subsection 3 of § 187 of this Code come to light in the course of proceedings on the appeal, the court dismisses the appeal having regard to provisions of subsections 4–7 of § 187 of this Code.

§ 191.  Abandoning the appeal

 (1) The appellant may, by making a corresponding representation to the circuit court of appeal, abandon the appeal up to the time that the court concludes hearing the case or, in written proceedings, up to expiry of the time limit set for provision of representations.
[RT I, 19.02.2015, 1 – entry into force 29.03.2015]

 (2) Where the appeal has been abandoned, the appellant is deemed not to have performed any procedural operations in the appellate instance. Having abandoned the appeal, the appellant cannot file a new appeal regarding that subject matter of appeal, and bears the case costs related to the appeal.

 (3) Where no other party has appealed the judgment of the administrative court or where a counter-appeal has been filed after expiry of the time limit for appeal, the circuit court of appeal enters an order by which it terminates proceedings on the appeal.

 (4) Where, during the time limit for appeal, appeals have been filed by several parties, proceedings are terminated solely in relation to the appeal that was abandoned.

 (5) In the order entered concerning abandoning of the appeal, the court states the legal consequences of abandoning the appeal.

 (6) An order by which proceedings on the appeal were terminated may be appealed to the Supreme Court, as may be an order by which the circuit court of appeal decided not to accept abandonment of the appeal.

§ 192.  Setting aside the judgment of administrative court solely on the basis of the appeal

  The circuit court of appeal may decide the case solely based on the appeal, provided the court finds that the administrative court has materially infringed a rule of procedure that, by virtue of § 199 of this Code, leads to the judgment of that court being set aside. In such a situation, the judgment is set aside and the case is remanded to administrative court to be considered anew.

§ 193.  Setting the time of the hearing or of judgment to be given in written proceedings

  Having accepted the appeal and received a response to that appeal – or after expiry of the time limit for providing one – the circuit court of appeal sets the time of hearing, or the time of announcement of judgment in written proceedings, determines the composition of judicial panel to consider the case and serves parties with summonses to attend the hearing or, in written proceedings, notifies them of the time of announcement of judgment.

§ 194.  Consideration of the case at hearing in the circuit court of appeal

 (1) Where this is needed, the judge who prepared the case makes a report at the hearing in the circuit court of appeal in which they present the case including, to the extent necessary, details of the judgment of the administrative court, the substance of the appeal and of the response.

 (2) Unless the court directs otherwise, after the report the appellant is invited to speak, then the adverse party in proceedings on appeal, then any third parties. The court may limit speaking time. A party may not be allocated less time than 10 minutes for their speech.

 (3) The court may put questions to parties.

 (4) Where the court considers the case in a party’s absence, it may, to the extent this is needed, state the views of the absent party based on information in the case file.

 (5) The court may allow parties to make a closing statement.

§ 195.  Consequences of appellant’s absence from hearing

 (1) The circuit court of appeal may dismiss the appeal if:
 1) the appellant has made the motion to convene a hearing in the case, yet neither the appellant nor their representative appear for the hearing;
 2) the court has required the appellant to appear for the hearing in person, yet the appellant does not appear.

 (2) The appeal is not dismissed if:
 1) the adverse party or a third party in proceedings on appeal has a valid reason to request that the case be considered and it is possible to dispose of the case without the appellant’s participation in the hearing;
 2) the appellant has not been duly summoned to appear in court, or cautioned with respect to the consequences of non-appearance;
 3) the appellant has, prior to the hearing, notified the court of a valid reason for non-appearance, and substantiated that reason.

§ 196.  Resuming proceedings on the appeal

 (1) Where the appeal was returned to the appellant in accordance with subsection 4 of § 187 of this Code due to failure to respond to requirements of the circuit court of appeal, that court resumes proceedings on the appeal on a motion of the appellant provided a valid reason prevented the appellant from complying with the requirements of the court within the set time limit, and from applying for an extension of the time limit for responding.

 (2) Where the appeal was dismissed due to the appellant’s absence from the hearing, resumption and reinstatement of proceedings are possible on conditions provided by § 146 of this Code.

Subchapter 3 Judgment of the Circuit Court of Appeal 

§ 197.  Scope of consideration of the appeal

 (1) The circuit court of appeal, under rules for appeal against judgment, verifies the lawfulness and reasons of the judgment of the administrative court strictly within the scope contested by the appeal.

 (2) The circuit court of appeal is not bound by reasons of law stated in the appeal.

§ 198.  Circumstances and evidence taken into account in proceedings on the appeal

 (1) In considering and disposing of the appeal, the circuit court of appeal proceeds on the basis of circumstances that have been ascertained in the course of lawful proceedings before the administrative court and that the circuit court of appeal considers not to warrant further ascertainment. Where this is needed to dispose of the case justly, the circuit court of appeal may re-evaluate any item of evidence provided, or any facts ascertained, in the administrative court.

 (2) The circuit court of appeal ascertains circumstances that have not been ascertained in the judgment of the administrative court, and assess items of evidence not assessed in that court’s judgment, where:
 1) the administrative court unjustifiably disregarded the evidence offered or circumstances referred to;
 2) in the administrative court it was not possible to rely on the circumstance or item of evidence because of infringement of rules of procedure by the court;
 3) it was not possible to refer to the circumstance or item of evidence for another valid reason – among other things for the reason that the circumstance or item of evidence arose or became known or available to the principal party after the case was disposed of by the administrative court and there are no grounds to consider the party’s actions to have been taken in bad faith.

 (3) The party must substantiate admissibility of the new circumstance or item of evidence. Where no reasons are given – or where the court does not regard the reasons given to be valid – the court disregards the circumstance or item, except in a situation where the item is clearly needed to dispose of the case justly. Before the circuit court of appeal relies on the new circumstance or item of evidence, parties must have an opportunity to provide their views concerning it.

 (4) An admission made by a party before the administrative court is binding also in proceedings on appeal.

§ 199.  Consequences of infringement of a rule of procedural law

 (1) The circuit court of appeal sets aside the disposition of the administrative court regardless of the reasons given in the appeal and in any objections, and remands the case to the administrative court for a new trial or hearing, if:
 1) the case was disposed of by the court (judge), who by law did not possess the authority to dispose of it;
 2) the disposition was given regarding a person who was not summoned to court in accordance with requirements of the law;
 3) the judge – or any one of the judges – has not signed the judgment or the judgment has been signed by a judge other than the judge stated in it;
 4) there is no record of the trial or hearing in the case;
 5) the case was disposed of by an unlawful judicial panel, including a panel one of whose judges should have recused themselves.

 (2) The circuit court of appeal may set aside the judicial disposition regardless of the reasons given in the appeal and in any objections, and remand the case to the administrative court for a new trial or hearing, if:
 1) the court decided on the rights or obligations of a person who was not added to proceedings in the administrative court and whose addition to proceedings on appeal does not allow for the case to be disposed of expeditiously and justly;
 2) to a material extent, the judgment does not state the reasons required by law and it is not possible for the circuit court of appeal to cure that defect;
 3) other material infringements of rules of judicial procedure cannot be cured in proceedings on appeal.

 (3) Where a rule of procedural law has been materially infringed, and the infringement cannot be cured either in the administrative court or in proceedings on appeal, the circuit court of appeal, without remanding the case to the administrative court, disposes of the case substantively.

§ 200.  Powers of circuit court of appeal when disposing of the appeal

  When disposing of the appeal, the circuit court of appeal has the power to:
 1) deny the appeal and affirm the judgment of the administrative court;
 2) set aside the judgment of the administrative court in part or in full and remand the case to that court to be considered anew;
 3) vary or set aside the judgment of the administrative court and enter a new judgment without remanding the case to be considered anew;
 4) vary the reasons stated in the judgment of the administrative court while affirming the operative part of the judgment;
 5) make an order by which it sets aside the judgment of the administrative court in part or in full and dismisses the appeal or terminates proceedings in the case.

§ 201.  Particulars in the judgment of the circuit court of appeal

 (1) Unless the law provides otherwise, the circuit court of appeal disposes of the appeal by a judgment.

 (2) Where the circuit court of appeal sets aside the judgment of the administrative court and does not remand the case to the administrative court to be considered anew, it must, when entering a new disposition in the case, state its opinion concerning each assertion, objection and procedural issue that would have to be ruled on by the administrative court.

 (3) If the circuit court of appeal takes a view that differs from that of the administrative court, it must state the reasons for this.

 (4) Where the circuit court of appeal affirms the judgment of the administrative court and follows the reasons stated by the latter, the former court is not required to state the reasons for its judgment. In such a situation, the circuit court of appeal must state that it agrees with the reasons given by the administrative court.

 (5) In streamlined proceedings, the circuit court of appeal may enter a judgment without the descriptive part or the reasons, provided all of the following conditions are fulfilled:
 1) the appeal is denied;
 2) the reasons for disagreeing with the assertions made by the appellant in proceedings on appeal and for disregarding the evidence referred to by the appellant are set out exhaustively and clearly in the administrative decision, decision disposing of the challenge against administrative decision, response provided to the complaint or to the appeal or in the judgment of the administrative court;
 3) the court follows the reasons referred to in clause 2 of this subsection, stating its agreement with those reasons and citing this subsection and the document containing the reasons.

 (6) A judgment of the circuit court of appeal that, in streamlined proceedings, is initially given without the descriptive part and the reasons is subject to subsections 2 and 3 of § 169 of this Code. If the party does not, within the time limit, notify the court of their intention to appeal the judgment to the Supreme Court, they are deemed to have waived the right to file that appeal.
[RT I, 28.11.2017, 1 – entry into force 01.01.2018]

§ 202.  Consequences of setting aside the judgment of administrative court and of remanding the case to be disposed of anew

 (1) Where the judgment of the administrative court is set aside and the case is remanded to be disposed of anew, proceedings in the administrative court continue from the point that they had reached before consideration of the case was concluded. Any procedural operations that, according to the judgment of the circuit court of appeal, were unlawful are performed anew by the administrative court.

 (2) The opinions that the circuit court of appeal expresses concerning interpretation and application of a rule of law in the judgment by which it sets aside the judgment contested by the appeal have binding force for the court that gave the judgment that was set aside when that court considers the case anew.

Chapter 19 Appeal against Court Order in the Circuit Court of Appeal 

§ 203.  Filing the appeal

 (1) A party may appeal an order of administrative court that affects them provided that appeal against the order is allowed by the law or the order prevents further proceedings in the case. Unless the law provides otherwise, any other orders may be objected to in an appeal against the judgment.

 (2) Unless the contrary emanates from this Chapter, the filing of appeal against the order and proceedings on such an appeal are governed by provisions regarding appeal against judgment of administrative court.

§ 204.  Rules for filing the appeal

 (1) The appeal is filed with the circuit court of appeal in writing within 15 days following service of the order on the person filing the appeal.
[RT I, 28.11.2017, 1 – entry into force 01.01.2018]

 (2) [Repealed – RT I, 28.11.2017, 1 – entry into force 01.01.2018]

 (3) Where the court, when disposing of the case by an order, declares a legislative or regulatory instrument to be unconstitutional and sets it aside, the time limit for appealing the order does not start to run before pronouncement of the judgment rendered by the Supreme Court in constitutional review proceedings regarding the instrument that was set aside.

§ 205.  Requirements for the appeal

 (1) The appeal states:
 1) the name of the court that made the order, the date of the order and the docket number of the administrative case;
 2) the subject matter in respect of which or the person in respect of whom the order was made;
 3) clearly expressed relief that the appellant seeks, stating the scope in which they contest the order of the administrative court, and the disposition that they request;
 4) reasons of the appeal.
 5) [Repealed – RT I, 28.11.2017, 1 – entry into force 01.01.2018].

 (2) The reasons of the appeal must state:
 1) assertions of fact and of law concerning circumstances that, in the appellant’s view, render the contested order unlawful;
 2) a reference to items of evidence that are relied on to prove each factual assertion.

§ 206.  Proceedings in administrative court on the appeal

  [Repealed – RT I, 28.11.2017, 1 – entry into force 01.01.2018]

§ 207.  Rules for accepting the appeal

  [RT I, 28.11.2017, 1 – entry into force 01.01.2018]

 (1) Having received the appeal, the circuit court of appeal decides on its acceptance without delay. The court verifies whether the law allows the filing of the appeal and whether the appeal has been filed in accordance with requirements prescribed by the law and observing the time limit. Unless the contrary emanates from the law, acceptance of the appeal is subject to provisions on acceptance by the circuit court of appeal of appeals against judgment of administrative court.

 (2) In addition to the grounds provided by subsection 3 of § 187 of this Code, the circuit court of appeal may, by an order, return the appeal where it is manifest that the appellant’s chances of obtaining protection of their right are low.

 (3) The circuit court of appeal may make the order mentioned in subsection 2 of this section without the descriptive part and reasons, stating the legal basis for returning the appeal, where:
 1) the order of the circuit court of appeal cannot be appealed to the Supreme Court or
 2) the law permits the case to be considered in streamlined proceedings.

 (4) In the situation provided for by clause 1 of subsection 3 of this section the order of the circuit court of appeal is not subject to appeal to the Supreme Court regardless of whether or not the circuit court of appeal states its reasons for the order.
[RT I, 28.11.2017, 1 – entry into force 01.01.2018]

§ 208.  Suspending enforcement of the order contested by the appeal; interim relief on the appeal

 (1) Unless the law provides otherwise, the filing of the appeal does not suspend enforcement of the order. Filing an appeal against an order to pay a fine suspends enforcement of the order.

 (2) The court whose order is contested, and the circuit court of appeal that considers the appeal against the order, may, before disposing of the appeal, order interim relief on the appeal, including suspending enforcement of the contested order or imposing other measures of interim protection.

§ 209.  Abandoning the appeal

  The appellant may abandon the appeal until the court has concluded hearing the case – in written proceedings up to expiry of the time limit set for making representations. The court terminates proceedings on the appeal by an order. The appellant may not file a new appeal against contested order.
[RT I, 19.03.2015, 1 – entry into force 29.03.2015]

§ 210.  Disposing of the appeal

 (1) In the circuit court of appeal, the appeal is considered by a judge of the circuit court of appeal, sitting alone. An appeal filed against an order by which the court rejected or dismissed the complaint, or terminated proceedings in the case, or against any other order that bars further proceedings in the case, is considered and disposed of by a three-member panel of the circuit court of appeal. An appeal filed against an order on matters of interim protection may be disposed of by a judge of the circuit court of appeal sitting alone, provided this is needed to dispose of the case expeditiously.

 (2) The appeal is disposed of by reasoned order.

 (3) Where the circuit court of appeal finds that the appeal is justified, it sets aside the contested order and, where this is possible, itself enters a new order in the case. Where this is needed, the circuit court of appeal remands the case to the court that made the order that was set aside, to be disposed of anew.

 (4) If the court does not consider it necessary to convene a hearing, the appeal is disposed of in written proceedings. Where this is needed, the judicial panel that considers the appeal may take new evidence.

 (4¹) When dealing with the appeal, the circuit court of appeal is not required to announce to parties the time when the order to be made in written proceedings will be made, or the composition of the judicial panel to dispose of the case.
[RT I, 28.11.2017, 1 – entry into force 01.01.2018]

 (4²) Where the circuit court of appeal has not, prior to disposing of the appeal against an order that terminates proceedings, given parties a time limit for providing the list of case costs and cost documents, a party may, within ten days following service of the order of the circuit court of appeal, present these to that court together with a motion for an additional order on case costs.
[RT I, 28.11.2017, 1 – entry into force 01.01.2018]

 (5) The order rendered by the circuit court of appeal on the appeal is served on parties.

 (6) Unless the law provides otherwise, the order of the circuit court of appeal enters into effect when no appeal to Supreme Court is filed against that order or when the appeal is rejected or denied.

PART V PROCEEDINGS IN THE SUPREME COURT 

Chapter 20 Proceedings on Appeal to Supreme Court against Judgment of Circuit Court of Appeal 

Subchapter 1 Appealing to Supreme Court under Rules for Appeal to Supreme Court against Judgment of Circuit Court of Appeal 

§ 211.  Right of appeal to Supreme Court

 (1) Where the circuit court of appeal has erroneously applied a rule of substantive law or materially infringed a rule of judicial procedure, a principal party or third party has a right to file an appeal to the Supreme Court against judgment of the circuit court of appeal. The reasons stated in the judgment may not be contested without contesting the operative part of the judgment, except where such reasons affect the rights or duties of a party independently of the operative part.

 (2) The judgment of the circuit court of appeal cannot be appealed to the Supreme Court with respect to a head of relief regarding which the judgment of the administrative court was not contested in the appeal against that judgment.

 (3) The judgment of the circuit court of appeal may be appealed to the Supreme Court also by a person who was not added to judicial proceedings, provided the lower courts ruled on the person’s rights and freedoms that are protected by law.

 (4) The right of appeal to the Supreme Court does not apply if the party has waived it in accordance with subsection 6 of § 201 of this Code.

 (5) Proceedings on appeal to the Supreme Court against judgment of circuit court of appeal are governed by provisions on proceedings in administrative court, including provisions on written proceedings and streamlined proceedings, unless proceedings on appeal to the Supreme Court are subject to other provisions or unless provisions concerning proceedings in administrative court are incompatible with the nature of proceedings on appeal to the Supreme Court. The Supreme Court does not conduct conciliation proceedings.

 (6) ‘Appellant in the Supreme Court’ [below in this translation, ‘appellant’ in contexts dealing with appeal to the Supreme Court] means a person who filed an appeal to the Supreme Court against judgment of the circuit court of appeal.

§ 212.  Time limit for appeal to Supreme Court

 (1) An appeal to the Supreme Court against judgment of the circuit court of appeal must be filed within 30 days following public announcement of the judgment. Where the time of public announcement was not notified at the hearing or where the time was notified but the party was absent from the hearing for a valid reason, and has not been served in advance with a notice regarding the time of announcement, the time limit for appeal to the Supreme Court starts to run from service of the judgment. Where, in streamlined proceedings, a judgment given without the descriptive part or the reasons is supplemented with the missing part in accordance with subsection 6 of § 201 of this Code, the time limit for appealing the judgment starts to run anew from announcement of complete judgment.
[RT I, 19.03.2015, 1 – entry into force 29.03.2015]

 (2) Where an appeal to the Supreme Court against judgment of the circuit court of appeal is filed after expiry of the time limit for such appeals, the Supreme Court decides on reinstating the time limit having regard to provisions of § 71 of this Code.

 (3) Where the circuit court of appeal, when disposing of the case, in the operative part of its judgment declares a legislative or regulatory instrument to be unconstitutional and sets it aside, the time limit for appealing the order starts to run from pronouncement of the judgment rendered by the Supreme Court in constitutional review proceedings regarding the instrument that was set aside.

§ 213.  Requirements for the appeal to Supreme Court

 (1) An appeal to the Supreme Court against judgment of the circuit court of appeal is filed in writing with the Supreme Court and must state:
 1) the name, place of residence or seat, postal address and procedural role, as well as particulars of the means of telecommunications if these have changed during proceedings and are known to the appellant;
 2) the name of the court that gave the judgment against which the appeal is filed, the date of the judgment and the docket number of administrative case;
 3) clearly expressed relief that the appellant seeks, stating the scope within which they contest the judgment of the circuit court of appeal and the disposition that they seek from the Supreme Court;
 4) the reasons for the appeal, showing which rule of substantive law the circuit court of appeal has, in the view of the appellant, applied erroneously, or which rule of judicial procedure that court has materially infringed and what the infringement consists in;
 5) whether the appellant wishes the case to be considered at a hearing. If the appellant in cassation has not stated such a wish, it is presumed that they agree to the case being disposed of in written proceedings;
 6) particulars concerning payment of the statutory fee;
[RT I, 08.12.2021, 1 – entry into force 01.01.2022]
 7) a list of documents annexed to the appeal.

 (2) Heads of relief that were not filed in administrative court cannot be filed in the appeal to the Supreme Court.

§ 214.  Amending the appeal to Supreme Court

  The appellant may, until the end of the time limit for appeal, extend the scope of the appeal to parts of judgment that were not initially contested. On expiry of the time limit, parties may offer supplementary views and reasons.

§ 215.  Filing a counter-appeal to Supreme Court

 (1) ‘Counter-appeal to Supreme Court’ means an appeal to the Supreme Court that is filed by another party in response to an appeal to that court that has been filed in the case, to be considered together with the latter.

 (2) Unless the contrary emanates from provisions of this section, counter-appeals to the Supreme Court are subject to provisions on appeals to Supreme Court against judgment of the circuit court of appeal.

 (3) A counter-appeal to Supreme Court may be filed within 14 days from service of the appeal to Supreme Court on the counter-appellant, or – where the time limit for appeal has more than 14 days to run – within the remainder of the time limit.

 (4) A counter-appeal to Supreme Court that is filed after expiry of the time limit for appeal but within the 14-day time limit provided by subsection 3 of this section is dismissed if the appellant abandons – or the court refuses to accept or dismisses – the appeal, or if proceedings in the case are terminated.
[RT I, 19.03.2015, 1 – entry into force 29.03.2015]

§ 216.  Instructing the lower court to send up the case file

  [Repealed – RT I, 10.02.2023, 1 – entry into force 01.04.2023]

§ 217.  Provisionally refusing to consider the appeal to Supreme Court

 (1) Where a defect that prevents consideration of the appeal to Supreme Court but that appears to be curable is present, the court makes an order by which it grants the appellant a reasonable time limit for curing the defect and, until this is done, provisionally refuses to consider the appeal.
[RT I, 19.03.2015, 1 – entry into force 29.03.2015]

 (2) If the appellant fails to comply with the court’s requirement by the due date, the Supreme Court enters an order by which it returns the appeal.

 (3) The Supreme Court also returns the appeal where:
 1) it has been filed after expiry of the time limit for appeal and the appellant has not made a motion to reinstate the time limit, or if the Supreme Court has refused to reinstate the time limit;
 2) it has been filed by a person who does not have that right under § 211 of this Code.

§ 218.  Response to the appeal to Supreme Court

 (1) Having received an appeal to Supreme Court that meets the requirements of the law, the Supreme Court serves copies of the appeal and any annexes to it on the other parties. Together with service of the appeal, the Supreme Court informs parties of the time limit within which they may provide a written response to the appeal. The Supreme Court may require a party to provide such a response.

 (2) A response to the appeal to Supreme Court must, among other things, state:
 1) whether there is a defect that prevents proceedings on the appeal;
 2) whether the party agrees with the appeal or opposes it;
 3) reasoned objections to the relief sought by and reasons stated in the appeal, as well as the circumstances and rules of law on which the party founds their objections;
 4) the party’s motions and applications together with reasons and other particulars needed to dispose of these;
 5) whether the party wishes to attend the hearing, keeping in mind that, if the wish to have the case considered at a hearing is not stated, the party’s agreement to written proceedings is presumed.

 (3) [Repealed – RT I, 19.03.2015, 1 – entry into force 29.03.2015]

 (4) A party’s response to and any other views on the appeal are served by the Supreme Court on the other parties together with copies of any documents annexed to the response or views, unless it can be presumed that the party is in possession of the document or of a copy of the document.

§ 219.  Deciding on acceptance of the appeal to Supreme Court

 (1) On expiry of the time limit set for the adverse party – and any third party to proceedings in the Supreme Court – to provide a response to the appeal, the Supreme Court, acting as a panel of three members, decides on acceptance of the appeal without summoning the parties.

 (2) Where it is evident to the Supreme Court that the acceptance of the appeal is justified – or not justified – the Court may decide on acceptance without transmitting the appeal to the other parties, or before expiry of the time limit set for responding.

 (3) The Supreme Court accepts the appeal if:
 1) the views stated in the appeal warrant the conclusion that the circuit court of appeal has erroneously applied a rule of substantive law or has materially infringed rules of judicial procedure, which has resulted or could have resulted in an erroneous judicial disposition;
 2) regardless of the provision of clause 1 of this subsection, disposing of the appeal involves a principle that has relevance for ensuring legal certainty or for unification of case law.

 (4) Where the appeal is accepted, acceptance of a counter-appeal may only be refused for the reason that it does not meet requirements provided by the law.

 (5) Where one of two or more appeals filed with the Supreme Court for acceptance against the same judgment of the circuit court of appeal is accepted, the other appeals that meet requirements are also accepted.

 (6) The appeal is rejected if the Supreme Court is convinced that there is no ground to accept it under subsection 3 of this section. Acceptance of the appeal is not required also in a situation where the Supreme Court is convinced that it will not be possible, by proceedings on the appeal, to achieve the aim sought by it. Where interference with the right that the appeal seeks to protect is of low intensity and the law would allow the case to be considered in streamlined proceedings, the Supreme Court accepts the appeal only if the Court’s disposition would set a principle of importance from the point of view of uniform application of the law or of development of the law.
[RT I, 28.11.2017, 1 – entry into force 01.01.2018]

 (7) Acceptance – or refusal to accept – the appeal, is issued as an order of the Supreme Court. The order states the legal basis for acceptance or refusal to accept. A copy of the order is sent to all parties.

 (7¹) Where the Supreme Court has not, prior to rejecting the appeal, set the parties a time limit for presenting the list of case costs and cost documents, the party may, within ten days following public announcement of the Court’s order, present these to the Court together with a motion for an additional order on case costs.
[RT I, 28.11.2017, 1 – entry into force 01.01.2018]

 (8) [Repealed – RT I, 10.02.2023, 1 – entry into force 01.04.2023]

 (9) The outcome of disposing of the motion to accept the appeal is published on the website of the Supreme Court without delay, stating the docket number of the administrative case, the names of the parties and a general description of the appeal. Where the motion to accept the appeal was made in proceedings that were closed to the public, only the outcome and the docket number of the administrative case together with a note on proceedings having been closed to the public are published on the website. Refusal to accept the appeal for the reason that it did not meet requirements provided by the law and was therefore returned is not published on the website. Particulars concerning the outcome are removed from the website when 30 days have elapsed following their publication.

§ 220.  Dismissing the appeal to Supreme Court

 (1) Where, after acceptance of the appeal, it comes to light that it does not meet requirements provided by the law, or where the appeal was filed after expiry of the time limit for appeal and the Supreme Court does not reinstate the time limit, the court enters a reasoned order by which it dismisses the appeal.

 (2) Where the defect that prevents consideration of the appeal appears to be curable, the court makes an order by which it provisionally refuses to consider the appeal and sets a reasonable time limit for the appellant to cure the defect.

 (3) If the appellant fails to comply with the court’s requirement by the due date, the court dismisses the appeal and returns it to the appellant.

 (4) For a valid reason, the Supreme Court may, on substantiated representation or of its own motion, grant an extension of a time limit it has set.

§ 221.  Abandoning the appeal to Supreme Court

 (1) The appellant may, by written representation made to the Supreme Court, abandon the appeal up to conclusion of its consideration – in written proceedings, up to expiry of the time limit for making representations.
[RT I, 19.03.2015, 1 – entry into force 29.03.2015]

 (2) Where the appeal has been abandoned, the appellant is deemed not to have performed any procedural operations in the Supreme Court. Having abandoned the appeal, the appellant cannot file a new appeal regarding that subject matter of appeal, and bears the case costs related to the appeal.

 (3) If the representation abandoning the appeal of is made out of a hearing, the court notifies its making to other parties, setting a time limit for the parties to provide their responses. If the other parties wish the appellant to be ordered to pay case costs, they must state this in the response.

 (4) Where no other party has appealed the judgment of the circuit court of appeal or where the counter-appeal was filed after expiry of the time limit for appeal, the Supreme Court enters an order by which it terminates proceedings on appeal to Supreme Court.

 (5) Where, within the time limit for appeal, several parties have filed an appeal, proceedings are terminated solely in respect of the appeal that was abandoned.

 (6) The Supreme Court accepts abandonment of the appeal by an order that states the legal consequences of abandoning the appeal.

§ 222.  Abandoning the appeal to Supreme Court; compromise

  Where, in proceedings on appeal to Supreme Court, the Supreme Court accepts abandonment of the appeal, or approves a compromise, it enters an order by which it sets aside previous judgments and terminates proceedings in the case.

Subchapter 2 Consideration, in the Supreme Court, of appeal to Supreme Court against Judgment of Circuit Court of Appeal 

§ 223.  Disposition of the case in written proceedings

 (1) The Supreme Court considers the appeal in written proceedings, provided it does not see the need to convene a hearing. Where, during written proceedings, the Court finds that a hearing should be convened, it directs a hearing to be held in the case.

 (2) When considering the appeal in written proceedings, the Supreme Court sets a time limit during which parties may provide to the court supplementary representations or views, determines the judicial panel to dispose of the case and the time of announcement of the judgment and notifies this to the parties.

§ 224.  Scheduling a hearing in the Supreme Court

  Having accepted the appeal, the Supreme Court fixes the time and place of the hearing, determines the judicial panel to dispose of the case and serves summons to the hearing on parties. Where this is possible, the court has regard to opinions of parties when fixing the time of the hearing. Copies of any responses to the appeal are transmitted to the appellant together with the notice concerning the time and place of the hearing.

§ 225.  Consideration of the case at the hearing in the Administrative Law Chamber of the Supreme Court

 (1) The hearing is opened by the presiding justice who announces the composition of the judicial panel to dispose of the administrative case and explains what case, and on whose appeal, will be considered.

 (2) The court ascertains the parties who have appeared for the hearing, verifies their powers of attorney and asks the appellant and the other parties whether they have a motion to recuse – or any other motion or application – to make.

 (3) Where the administrative case is considered at a hearing, the justice who has prepared the case may, where this is needed, present a report on the case, in which they provide an overview of hitherto course of proceedings and of the substance of the appeal and of the response.

 (4) After the report, the appellant speaks, then the adverse party and any third parties – unless the court directs otherwise. The court may limit the duration of the speech, ensuring equal speaking time to all parties.

 (5) When the principal parties to proceedings in the Supreme Court have been heard, the presiding justice concludes the hearing, announcing the day on which the judgment will be publicly announced. Where this is needed, the Court may extend the time of public announcement of the judgment.

§ 226.  Referral of administrative case to full panel of the Administrative Law Chamber

 (1) At the proposal of a justice sitting on the panel that deals with the administrative case, the case is referred for consideration to the full panel of the Administrative Law Chamber if:
 1) when disposing of the case, dissenting opinions that raise a point of principle emerge within the three-member panel of the Administrative Law Chamber on application of the law;
 2) a majority of the panel favours overruling the standing opinion of the Administrative Law Chamber regarding application of the law, or the panel considers referral to be needed for unification of case law.

 (2) Referral of the case to the full panel of the Administrative Law Chamber is decided by an order a copy of which is transmitted to parties. Timely notice is given to parties regarding the time and place of the new hearing, or of consideration of the case in written proceedings, and of the composition of judicial panel that will dispose of the case.

 (3) The full panel of the Administrative Law Chamber must include at least five justices of the Supreme Court.

 (4) Where the case is considered at a hearing, the hearing is presided over by the Chief Justice of the Administrative Law Chamber or, in their absence, the longest serving member of the Chamber or, in the case of equal length of service, the most senior member.
[RT I, 19.03.2015, 1 – entry into force 29.03.2015]

§ 227.  Referral of administrative case to a special panel of the Supreme Court

 (1) Where a judicial panel of the Supreme Court that deals with the administrative case considers it necessary, in interpreting the law, to derogate from the latest opinion of another chamber or of a special panel of the Supreme Court – or where this is needed in order to ensure uniform application of the law – the case is referred by an order to a special panel formed between the chambers that hold differing opinions.
[RT I, 19.03.2015, 1 – entry into force 29.03.2015]

 (2) A special panel of the Supreme Court is convened by the Chief Justice of the Court. The panel is composed of the Chief Justice of the Supreme Court as the presiding justice, two justices from the Administrative Law Chamber and two justices from the chamber whose opinion differs from that of the Administrative Law Chamber. Where the panel is convened to resolve a difference of opinion between three chambers, it is composed of the Chief Justice of the Court as the presiding justice and of two justices from each of the chambers.

 (3) The justice to report the case is a member of the Administrative Law Chamber designated by the Chief Justice of that Chamber.

§ 228.  Referral of the case to the Supreme Court en banc

 (1) By order of the Administrative Law Chamber, the administrative case is referred to be disposed of by the Supreme Court en banc where:
 1) a majority of the members of the Administrative Law Chamber adopts a position that differs from a legal principle – or opinion concerning application of the law – that the Supreme Court en banc has hitherto recognised;
 2) in the view of a majority of the members of the Administrative Law Chamber, disposition of the case by the Supreme Court en banc is important from the point of view of uniform application of the law;
 3) disposing of the administrative case requires disposition of an issue to be dealt with under the Constitutional Review Procedure Act.

 (2) Referral of the case to the Supreme Court en banc, as well as the time and place of the hearing in that judicial formation is notified to the appellant and to the other parties. The case referred to the Supreme Court en banc is reported by a member of the Administrative Law Chamber designated by the Chief Justice of that Chamber.

§ 228¹.  Making a request to the European Court of Human Rights

 (1) In accordance with Protocol No. 16 to the Convention on the Protection of Human Rights and Fundamental Freedoms, the Supreme Court may, in a case pending before it, request the European Court of Human Rights to give an advisory opinion on a question of principle relating to the interpretation or application of the rights and freedoms defined in the Convention or in a protocol to that Convention.

 (2) The request must state its reasons and include a description of the relevant legal and factual circumstances of the case in which proceedings are pending.

 (3) The advisory opinion of the European Court of Human Rights is not binding on the Supreme Court.
[RT I, 26.06.2017, 17 – entry into force 06.07.2017, § 228¹ is applied from the day on which Protocol No. 16 to the Convention on the Protection of Human Rights and Fundamental Freedoms enters into force in respect of Estonia]

Subchapter 3 Judgment of the Supreme Court 

§ 229.  Scope of consideration of the appeal to Supreme Court

 (1) Based on the appeal, the Supreme Court verifies whether the circuit court of appeal has, in its judgment, applied relevant rules of substantive law without error and whether, when reaching its judgment, the court has observed the rules of procedure. In proceedings on appeal to Supreme Court against judgment of circuit court of appeal, the Supreme Court only scrutinises the judgment of the circuit court of appeal in so far as that judgment has been appealed.

 (2) When verifying whether the appeal is justified, the Supreme Court has regard to factual circumstances that have been ascertained by judgment of the lower court. In addition, the Supreme Court has regard to circumstances offered in order to state reasons for the assertion concerning material infringement by the circuit court of appeal of a rule of procedure, including any circumstances apparent from the record of the hearing.

 (3) The Supreme Court is bound by factual circumstances that were ascertained by the circuit court of appeal, except in a situation where ascertainment of the circumstance is contested in the appeal and where, in ascertaining the circumstance, rules of procedure were materially infringed.

 (4) The Supreme Court is not bound by reasons of law stated in the appeal.

 (5) An admission made by a party in the administrative court or in the circuit court of appeal is binding also in proceedings on appeal to Supreme Court against judgment of circuit court of appeal.

§ 230.  Powers of the Supreme Court in proceedings on the appeal

 (1) The grounds for setting aside a judgment under rules for proceedings on appeal to Supreme Court against judgment of circuit court of appeal are erroneous application – including non-application – of a rule of substantive law, or material infringement of a rule of judicial procedure.

 (2) In a situation where a material infringement of rules of judicial procedure mentioned in subsection 1 of § 199 of this Code has occurred, the Supreme Court is not bound by the scope of the appeal and sets aside the judgment of the circuit court of appeal regardless of the reasons stated in the appeal or in objections against it and remands the case to the circuit court of appeal to be considered anew. Where such a rule was infringed by the administrative court and the circuit court of appeal has not set aside the judgment of the administrative court and has not remanded the case to be considered anew by that court, the Supreme Court sets aside the judgments of the lower courts and remands the case to the administrative court to be considered anew.

 (3) The Supreme Court may set aside the judgment of the circuit court of appeal regardless of the reasons stated in the appeal or in objections to it and remand the case to the circuit court of appeal – or to the administrative court – to be considered anew also due to a material infringement of rules of judicial procedure mentioned in subsection 2 of § 199 of this Code.

 (4) The Supreme Court may also deem an infringement not mentioned in subsections 1 and 2 of § 199 of this Code to constitute a material infringement of rules of procedure, provided it is possible that the infringement affected the outcome of disposing of the case in the circuit court of appeal and is such that it cannot be cured in proceedings on appeal against judgment of circuit court of appeal.

 (5) When considering the appeal, the Supreme Court has the power to:
 1) deny the appeal and affirm the judgment of the circuit court of appeal;
 2) set aside the judgment of the circuit court of appeal in full or in part and remand the case –to the same or other circuit court of appeal – to be considered anew in so far as the judgment was set aside;
 3) set aside the judgment of the administrative court and of the circuit court of appeal and remand the case to the administrative court to be considered anew, or dismiss the appeal or terminate proceedings in the case;
 4) set aside the judgment of the circuit court of appeal and affirm the judgment of the administrative court;
 5) vary the judgment of the circuit court of appeal or of the administrative court, or enter a new judgment without returning the case to be considered anew provided it is not necessary to take new evidence in the case or vary the assessment of that evidence stated in the appeal against the judgment of the administrative court;
 6) vary the reasons stated in the judgment of the circuit court of appeal or of the administrative court while affirming the operative part of the judgment.

 (6) Where the administrative court or the circuit court of appeal has give judgment in the case, although it should have dismissed the complaint or appeal against judgment or should have terminated proceedings in the case, the Supreme Court enters an order by which it sets aside the judgment of the circuit court of appeal or the judgments of both courts, and also dismisses the complaint or terminates proceedings in the case.

§ 231.  Particulars in the judgment of the Supreme Court

 (1) Unless the law provides otherwise, the Supreme Court disposes of an appeal against the judgment of a circuit court of appeal by a judgment of its own. Unless the otherwise provided in this section, the judgment of the Supreme Court is subject to provisions applicable to judgment of the administrative court.

 (2) In the introductory part of the judgment, in addition to particulars of the judgment of the circuit court of appeal, the court states the person who filed the appeal to Supreme Court against that judgment.

 (3) The descriptive part of the judgment states previous proceedings in the case and the judgments given in these, as well as the relief sought by parties in proceedings on appeal to Supreme Court and any assertions made in relation to these, as well as items of evidence concerning infringement of a rule of procedure and of any motions or applications made by the parties.

 (4) The reasons for the judgment state the conclusions of the Supreme Court and the law that the Court applied.

 (5) Where the Supreme Court sets aside the judgment of a lower court but does not remand the case to such a court to be considered anew, the Court must state its view all assertions, objections and procedural issues on which the circuit court of appeal would have to state its view.

 (6) Where the Supreme Court affirms the judgment of the circuit court of appeal and follows the reasons stated in that judgment, the Court does not have to state the reasons for its own judgment. In such a situation, the Supreme Court must state that it follows the reasons given in the judgment of the circuit court of appeal.

 (7) Where a valid reason for this is present – first and foremost, in streamlined proceedings – the Supreme Court may give a judgment denying the appeal as operative part only.

§ 232.  Entry into effect and publication of disposition of the Supreme Court

 (1) The judgment or order of the Supreme Court is transmitted to parties. A copy of the judgment or order is sent to the parties within five days following its giving. The day on which the judgment or order is given is the day on which it is signed.

 (2) A judgment of the Supreme Court and an order of the Court by which it rejects the appeal enter into effect on the day they are publicly announced, and are final.

§ 233.  Binding force of Supreme Court’s views

 (1) The views expressed in a judgment of the Supreme Court concerning interpretation and application of the law are binding on the court that considers the case anew.

 (2) In so far as application of the law is concerned, the judgment of a special panel of the Supreme Court is binding on the chambers of the Court that participated in the panel, until the special panel or the Supreme Court en banc give a different judgment.

 (3) In so far as application of the law is concerned, the judgment of the Supreme Court en banc is binding on the chambers and special panels of the Court until the Supreme Court en banc gives a different judgment.

Chapter 21 Appeal to Supreme Court against Order of Circuit Court of Appeal 

§ 234.  Application of provisions governing proceedings on appeal to Supreme Court against judgment of circuit court of appeal

  Unless the contrary emanates from provisions of this Chapter and from the nature of the appeal against order of circuit court of appeal, the filing and consideration of such appeals and consideration of that appeal are governed by provisions of the Chapter on proceedings on appeal to Supreme Court against judgment of circuit court of appeal.

§ 235.  Right of, and time limit for, the appeal

 (1) A principal party and a third party may appeal an order of the circuit court of appeal issued as a separate document where the law permits such an appeal or where the order prevents further proceedings in the case. Unless the contrary emanates from this Code, an objection against any other order may be raised in the appeal against judgment of the circuit court of appeal.

 (2) The appeal may rely strictly on the fact that the court has, when making the order, erroneously applied a rule of substantive law or materially infringed a rule of procedure and this may have resulted in an erroneous judicial disposition.

 (3) Unless the law provides otherwise, the appeal is filed with the Supreme Court within 15 days from service of the order on the appellant.

 (4) Where the court, when disposing of the case by an order, declared a legislative or regulatory instrument that falls to be applied to be unconstitutional and set that instrument aside, the time limit for appealing the order is calculated from pronouncement of the disposition rendered in respect of the instrument by the Supreme Court under the rules of constitutional review.

§ 236.  Requirements for the appeal

  Among other things, the appeal must state:
 1) the appellant’s name, place of residence or seat, postal address and procedural role, as well as particulars of the means of telecommunications;
 2) the name of the court that made the order that is being appealed, the date of the order and the docket number of the administrative case;
 3) the subject matter or the person that the order deals with;
 4) clearly expressed relief that the appellant seeks, stating the scope within which they contest the order of the circuit court of appeal and the disposition that they request;
 5) reasons for appeal against the order, including among other things the circumstances that justify the relief sought and that, in the opinion of the appellant, render the contested order unlawful;
 6) [Repealed – RT I, 28.11.2017, 1 – entry into force 01.01.2018]
 7) a list of documents annexed to the appeal.

§ 236¹.  Deciding on acceptance of the appeal

  The Supreme Court decides on acceptance of the appeal following provisions of § 219 of this Code. The Supreme Court accepts an appeal against an order rendered by the circuit court of appeal on consideration of appeal against an order of the administrative court – or an appeal that the law permits to consider in streamlined proceedings – strictly where the disposition of the Supreme Court in the case is material from the point of view of uniform application, or development, of the law. The provision of the previous sentence does not apply to appeals against orders by which permission for an administrative operation is granted or denied.
[RT I, 28.11.2017, 1 – entry into force 01.01.2018]

§ 237.  Abandoning the appeal

 (1) The person who filed the appeal may abandon that appeal until consideration of the case is concluded – in written proceedings, until expiry of the time limit for representations.
[RT I, 19.03.2015, 1 – entry into force 29.03.2015]

 (2) The Supreme Court accepts abandonment of the appeal by an order by which it terminates proceedings on the appeal. Having abandoned the appeal, the appellant may not file a new appeal against contested order.

§ 238.  Disposing of the appeal

 (1) The Supreme Court serves copies of the appeal and of any annexes to the appeal on parties and invites them to provide, or allows them to send in of their own motion, a response to the appeal, except in a situation where the order does not affect the rights of the other parties.

 (2) The appeal is considered in written proceedings; where this is needed, the court may convene a hearing. If the Supreme Court finds the appeal to be justified, it sets aside the contested order and, where this is possible, enters a new order. Where this is needed, the Supreme Court remands the case to be considered anew by the circuit court of appeal that made the order, or by another circuit court of appeal. The Supreme Court may also set aside an order made in the case by the administrative court and remand the to that court to be considered anew.

 (3) The order rendered by the Supreme Court as a result of consideration of the appeal is final.

 (4) Unless otherwise provided by the law, the filing of appeal does not suspend enforcement of the contested order. Filing an appeal against an order to pay a fine suspends enforcement of the order.
[RT I, 19.03.2015, 1 – entry into force 29.03.2015]

 (5) The Supreme Court may, prior to disposing of the appeal, give interim relief in the case, including suspending enforcement of contested order or applying other measures of interim protection.
[RT I, 19.03.2015, 1 – entry into force 29.03.2015]

Chapter 22 Review of Judicial Dispositions that Have Entered into Effect 

§ 239.  Application of provisions governing proceedings on appeal against judgment of circuit court of appeal

  Unless the contrary emanates from provisions of this Chapter, the filing of petition for review of a judicial disposition that has entered into effect [below in this translation, ‘review’], and consideration of such petitions, is governed by provisions of the Chapter on proceedings on appeal against judgment of circuit court of appeal.

§ 240.  Grounds for review

 (1) Where new circumstances have come to light, court orders or judgments that have entered into effect may, under the rules for review, be reviewed on petition of a party or of a person whom the court should have added to proceedings when disposing of the case.

 (2) Grounds for review of judicial dispositions rendered in administrative court proceedings are as follows:
 1) the disposition was made by a judicial panel that included a judge who should have recused themselves;
 2) a party was not notified of proceedings in accordance with the law – among other things, they were not served with the complaint – or the party was not summoned to court in accordance with the law, although the disposition dealt with them;
 3) a party was not represented in proceedings by a person having the corresponding authority, yet the decision dealt with the party, except where the party has ratified their representation in proceedings;
 4) illegality of or lack of justification for the disposition, resulting from false testimony of a witness, knowingly false opinion of an expert, knowingly false translation, forgery of a document or fabrication of evidence, as ascertained by judgment rendered in a criminal case that has entered into effect;
 5) a criminal offence by the judge, a party or a party’s representative, which has been committed in the course of hearing or considering the case to be reviewed and which has been ascertained by judgment rendered in a criminal case that has entered into effect;
 6) the disposition is based on an earlier judicial disposition, arbitration award or administrative decision that has since been set aside, revoked or varied;
 7) a declaration of unconstitutionality rendered in constitutional review proceedings in the Supreme Court in respect of the legislative or regulatory instrument – or a provision of such an instrument, or omission to issue the instrument – on which the disposition in the administrative case to be reviewed was based;
 8) the grant, on account of infringement of the European Convention for the Protection of Human Rights and Fundamental Freedoms or of any protocol to that Convention, of an application lodged with the European Court of Human Rights against a judgment or order rendered in the administrative case to be reviewed, provided the infringement may have affected the decision made in the case and cannot reasonably be cured – or the harm that it caused cannot be compensated – otherwise than by review;
 9) the coming to light of a ground for suspension of proceedings by operation of law that existed at the time the disposition was rendered but that was not, and could not have been, known to the court;
 10) other material circumstance or item of evidence that existed at the time the disposition was rendered but that the party did not, and could not have, known and that, had it been offered or relied on in proceedings, would have manifestly led to a different judicial disposition.

 (3) A petition for review on the ground mentioned in clause 8 of subsection 2 of this section may also be filed by a person who has, in a similar case and on the same legal basis, lodged an application with the European Court of Human Rights or who is entitled, in a similar case and on the same legal basis, to lodge such an application in accordance with the time limit established in paragraph 1 of Article 35 of the European Convention for the Protection of Human Rights and Fundamental Freedoms.

 (4) A circumstance mentioned in subsection 2 of this section does not constitute grounds for review if it has not affected the making of the judicial disposition either favourably or adversely to the party.

 (5) Review is not permitted if the party could have, in earlier proceedings, have relied on circumstances allowing for review, in particular by making an objection or filing an appeal, and also if the objection was not sustained or the appeal was denied. Review is not permitted also in respect of any court orders that, under the law, are not subject to further appeal.

§ 241.  Filing the petition

 (1) The petition may be filed with the Supreme Court within two months following learning of the presence of a ground for review, but not before the judicial disposition has entered into effect. The petition may be filed within two months starting from the day on which the disposition was served on the party – or, where the party does not possess active legal capacity for purposes of administrative court procedure, on their statutory representative – for the reason that the party was not represented in the proceedings. In this connection, service by published notice is not taken into account.

 (2) In a situation mentioned in clause 8 of subsection 2 of § 240 of this Code, the petition may be filed within six months from the day on which the judgment of the European Court of Human Rights entered into effect.

 (3) Where, under the rules for constitutional review proceedings in the Supreme Court, a legislative or regulatory instrument – or a provision of such an instrument or omission to issue the instrument – on which the judicial disposition rendered in the administrative case to be reviewed was based is declared unconstitutional, the petition may be filed within six months from the day on which the judgment of the Supreme Court entered into effect.

 (4) No petition may be filed – and the court returns the petition – when more than five years have elapsed since the judicial disposition whose review is sought entered into effect. No petition may be filed for the reason that the party did not participate – or was not represented – in the proceedings, or in a situation mentioned in clause 8 of subsection 2 of § 240 of this Code, when ten years have elapsed since the judicial disposition entered into effect.

 (5) A petition that relies on the same circumstances may not be filed repeatedly.

§ 242.  Requirements for the petition

 (1) The petition states the following:
 1) the petitioner’s name, place of residence or seat, postal address and particulars of their means of telecommunications;
 2) the name of the court of whose disposition review is sought, the date of the disposition and the docket number of the administrative case;
 3) the legal basis for review in accordance with subsection 2 of § 240 of this Code and the reasons for it;
 4) clearly expressed relief that is sought concerning the judicial disposition;
 5) circumstances that show observance of the time limit for filing the petition;
 6) items of evidence to support the ground for review and observance of the time limit for filing the petition;
 7) whether the petitioner wishes the case to be considered at a hearing. If the petitioner does not state that wish, it is presumed that they agree to the case being disposed of in written proceedings;
 8) a list of documents annexed to the petition.

 (2) A copy of the judicial disposition whose review is sought, as well as any documents – or copies of such documents – on which the petition is based, are annexed to the petition. Where the documents are not in the petitioner’s possession, it must be stated whether the petitioner makes the motion to the court to require their production.

 (3) Motions to prove circumstances justifying review by examining a party under oath are not permitted.

§ 243.  Preparations for considering the petition

 (1) Having received the petition, the Supreme court verifies whether it meets the requirements.

 (2) The Supreme Court may set a time limit to the petitioner to cure defects in the petition. If the petitioner fails to comply with the court’s requirement by the due date, the court returns the petition.

 (3) A copy of the petition that has been received is transmitted by the Supreme Court to the other parties. Together with transmission of the petition, the Supreme Court may require parties to provide a written response to the petition by a due date set by the Supreme Court. Where the Supreme Court does not require a written response, parties may provide written objections also of their own motion.

 (4) The response must state whether the party agrees with the petition. Substantiation must be provided in the response for any objections raised by the party and, where this is possible, evidence to support the objections must be offered.

 (5) The petitioner may abandon the petition starting from the time that it is filed until announcement of the disposition that concludes review proceedings. Where the petition has been abandoned, the court terminates proceedings on the petition by an order.

§ 244.  Deciding on acceptance of the petition

 (1) The Supreme Court decides on acceptance of the petition within a reasonable time. The petition is accepted if the circumstances set out in it give reason to believe that a ground for review provided by the law is present. When accepting the petition, the Supreme Court may, where this is needed, enter an order by which it suspends, in part or in full, enforcement of the judgment or order rendered in the administrative case to be reviewed.

 (2) Where the petition is rejected, it is included, together with the order of the Supreme Court, in the file of the administrative case. A copy of the order is sent to the petitioner and to any persons who provided a response to the petition.

§ 245.  Disposing of the petition

 (1) Where grounds for review are not present, the Supreme Court denies the petition.

 (2) Where the Supreme Court finds the petition to be justified, it enters – depending on whether the disposition under review is a judgment or an order – a judgment or order by which it sets aside that disposition and remands the case, to be considered anew, to the lower court that rendered the disposition.

 (3) Where the circumstances of the administrative case under review are clear, the Supreme Court varies the disposition of the lower court, or sets that disposition aside and renders a new judgment or order in the case.

PART VI SPECIAL PROCEEDINGS 

Chapter 23 Execution of Judicial Dispositions 

§ 246.  Execution of judicial disposition

 (1) A judicial disposition is executed after it has entered into effect. The court may set a time limit for execution of its judgment that starts to run when the judgment enters into effect.

 (2) Where the time limit for appealing the judgment of the administrative court or of the circuit court of appeal has been reinstated, the parties do not have to execute the judgment, except if the judgment is enforceable without delay.

§ 247.  Execution of judicial dispositions without delay

 (1) A judicial disposition that has been declared enforceable without delay is executed before it enters into effect. The court declares the disposition enforceable without delay by a separate order.

 (2) Judicial dispositions that are to be executed without delay include:
 1) those that reinstate an official in a public service position;
 2) those that order payment of remuneration that is due but has not been received – but not for more than two months;
 3) those rendered in other situations provided for by the law.

 (3) The court may, on a motion of a party and by a separate order, declare a judicial disposition enforceable without delay also in a situation where enforcement of the disposition at a later date would materially harm the rights of the party, or would be subject to difficulty or impossible. When declaring a judicial disposition enforceable without delay, the court has regard to the rights of other parties and to public interest. Where this is possible, the court invites other parties to state their views regarding enforceability without delay.

 (4) When declaring a judicial disposition enforceable without delay the court may require the party who made the motion for such a declaration to post a monetary security as a guarantee of reversal of enforcement. The security is deposited in the account designated by the court and is returned after the judicial disposition enters into effect or after enforceability without delay is suspended or terminated.

 (5) An order that declares a judicial disposition enforceable without delay – or denies such a declaration – may be appealed. The order rendered by the circuit court of appeal on the appeal is not subject to further appeal.

 (6) The court may, on a party’s motion, at any time suspend – by an order – enforcement of the judicial disposition declared enforceable without delay.

 (7) A judicial disposition that has been set aside or varied by a new disposition that has not yet entered into effect may not be enforced without delay.

 (8) Anything received under a judicial disposition declared enforceable without delay – as well as under an administrative decision issued on the basis of that disposition – must be returned when the disposition declared so enforceable is set aside or varied, and any other consequences of execution or enforcement eliminated. The obligation of return is subject to provisions of the Law of Obligations Act concerning unjust enrichment. The court may, in the disposition that sets aside or varies the disposition declared enforceable without delay, of its own motion or on the motion of an interested person require a party to return what was received under the disposition declared enforceable without delay or under an administrative decision issued under the latter, or require the party to eliminate any other consequences of enforcement.

 (9) Where enforcement of judicial disposition declared enforceable without delay was carried out lawfully, it does not give rise to claims for compensation for harm.

§ 248.  Failure to execute a judicial disposition that is to be executed

  [RT I, 28.11.2017, 1 – entry into force 01.01.2018]

 (1) For failure to execute a judicial disposition or a compromise approved by the court, the court imposes a fine of up to 32,000 euros on the party at fault. Imposition of the fine does not relieve the party who failed to give effect to a compliance notice given in the judgment – or with the compromise approved by the court – from the obligation to give effect to the notice or compromise within a reasonable time, or deprive the party in whose interest the notice was given or compromise approved, of the right to apply to the court for imposition of a new fine for failure to give effect to the notice or compromise.

 (2) When imposing the fine, the court takes into consideration the time that has elapsed since the judgment entered into effect as well as any other circumstances that have significance in relation to imposing the fine and setting its amount. Where, after imposition of the fine, a reasonable period of time for execution of the judicial disposition has elapsed, yet the disposition has not been executed, the court may impose the fine again.

 (3) The fine for failure to execute a judgment of the circuit court of appeal or of the Supreme Court is imposed by the administrative court.

 (4) A party may appeal the order by which a fine for failure to execute a judicial disposition or a compromise approved by the court is imposed or denied. The order rendered by the circuit court of appeal on the appeal may be appealed to the Supreme Court.
[RT I, 28.11.2017, 1 – entry into force 01.01.2018]

Chapter 24 Interim Protection 

§ 249.  Interim protection

 (1) The court may, at any stage of proceedings, on a reasoned motion of the complainant, or of its own motion, enter an order on interim protection of complainant’s rights provided that the opposite may render protection of those rights by judgment materially more difficult or impossible. Where the law allows a person to file a complaint in the administrative court on grounds other than protection of the person’s own rights, interim protection may be imposed where non-imposition may render attainment of the complaint’s aim by judgment materially difficult or impossible.

 (2) A motion for interim protection may be made to the administrative court also during proceedings on challenge against the administrative decision.

 (3) When giving an interim protection order the court considers public interest and the rights of affected persons, and assesses prospects of the complaint and foreseeable consequences of the order. Where the need for interim protection is no longer present, the court dismisses the motion.

 (4) Any right, obligation and prohibition that arises from an interim protection order, as well as any administrative decision issued on the basis of the order, remain effective until entry into effect of the judgment given in the case or of the order by which the complaint is returned or dismissed, or proceedings terminated. An interim protection order made during proceedings on challenge against the administrative decision remains effective until:
 1) expiry of the time limit for filing a complaint with the administrative court concerning relief that forms the subject matter of the challenge – where such a complaint has not been filed during that time limit;
 2) entry into effect of the judgment given in the case or of the order by which the complaint is returned or dismissed, or proceedings terminated – where, within the time limit, a complaint is filed with the administrative court concerning relief that forms the subject matter of the challenge.

 (5) A motion for an interim protection order may be made after filing a challenge with the administrative authority, or when filing the complaint, or after filing the complaint.

§ 250.  Motion for interim protection

 (1) A motion for interim protection must, among other things, contain the following particulars:
 1) the subject matter of the dispute;
 2) circumstances that serve as ground for interim protection;
 3) the interim protection measure sought;
 4) particulars of the respondent.

 (2) The motion for interim protection must be substantiated. The court may require the person who made the motion to prove their assertions.

§ 251.  Interim protection measures

 (1) An interim protection order may:
 1) suspend the validity or enforcement of the administrative decision contested;
 2) prohibit the issuing of the contested administrative decision or the carrying out of the contested administrative operation;
 3) require the administrative authority to issue the administrative decision – or carry out the administrative operation – that was applied for, or to discontinue an operation that is in progress;
 4) attach an item of property, including entering a note restraining dispositions of the property in the register, or creating a judicial mortgage provided for by the Code of Civil Procedure, or enter a note in the register the dispute pending before the court;
 5) prohibit the addressee of the administrative decision from engaging in the actions regulated in the decision or require the addressee to perform the actions, as well as set conditions for such actions, including requiring a security to be given in favour of the complainant.

 (2) The court may, in the interim relief order, impose several measures at the same time.

 (3) An interim relief order may be conditional.

§ 252.  Disposing of the motion for interim protection

 (1) The court disposes of the motion for interim protection without delay and by reasoned order. Where the court considers it necessary to hear any parties first, it may dispose of the motion later. Production of evidence and provision of the other parties’ views may only be required where this is possible without materially prejudicing the rights and interests to be considered when giving the interim protection order.

 (2) Unless this Chapter provides otherwise, consideration of the motion for interim protection is subject to provisions on streamlined proceedings.

 (3) An interim protection order, including an order by which the motion for interim protection is denied as well as one by which such an order is varied or revoked, enters into effect upon notification, unless the court that gave the order, or the court that considers the appeal filed against the order, directs otherwise.

 (4) The court may impose interim protection for a period of up to 30 days by means of an order that does not contain reasons. Such an order may be issued as a note on the motion for interim protection, or as an operative statement included with the digital signature of the judge on the motion. Where the parties do not contest the order, interim protection applies until the due date provided for by subsection 4 of § 249.

 (5) The court serves the interim protection order without delay on the respondent, the complainant and any persons whose rights the order may affect.

 (6) The court transmits the interim protection order without delay for execution to the relevant authority, official or other person authorised to carry out public law duties.

 (7) A party may appeal, to the higher court, the order made on a matter interim protection. The order rendered by the circuit court of appeal on the appeal is not subject to further appeal.
[RT I, 28.11.2017, 1 – entry into force 01.01.2018]

§ 253.  Substituting an interim protection measure and revoking interim protection

 (1) The court may, on a motion of a party, or of its own motion, revoke or vary the interim protection order at any stage of proceedings.

 (2) The court notifies a motion for substitution of an interim protection measure or for revocation of interim protection to the other parties, giving them an opportunity to make objections, except where this would lead to a delay that would materially prejudice the rights or interests to be considered when imposing interim protection.

 (3) The court revokes interim protection by judgment – where the complaint is denied – and by order, where the complaint or challenge is returned or dismissed or proceedings are terminated. Unless the law provides otherwise, the court also revokes interim protection where imposition of that protection was decided by another court. Revocation of interim protection enters into effect with the judgment or order terminating proceedings.
[RT I, 28.11.2017, 1 – entry into force 01.01.2018]

§ 254.  Liability and reversal of enforcement

 (1) The administrative court may, in accordance with § 248 of this Code, impose a fine on any person who fails to comply with an interim protection order. The complainant has a right to seek – under the State Liability Act or the Law of Obligations Act – that the person who was at fault for non-compliance with the order, compensate for the harm caused by non-compliance.

 (2) Where the court denies the relevant part of the complaint, anything that has been received under the interim protection order as well as under any administrative decision issued based on the order must be returned, and any other consequences resulting from imposition of interim protection eliminated. The obligation to return is governed by provisions of the Law of Obligations Act regarding unjust enrichment. The court may, of its own motion or on that of an interested party, in the judgment or by separate order require a party to return what they have received under the order or under an administrative decision issued based on the order, or to eliminate any other consequences resulting from imposition of interim protection.

 (3) Enforcement of the interim protection order does not give rise to a claim for compensation for harm provided it was lawful, except in the situation where, contrary to the provisions of subsection 1 and 2 of § 28 of this Code, the person who made the motion for interim protection has intentionally misled the court and these actions have resulted in the entry of the interim protection order and in harm having being caused unlawfully to a third party.
[RT I, 28.11.2017, 1 – entry into force 01.01.2018]

Chapter 25 Exception 

§ 255.  Relief sought by exception

  An exception filed with the administrative court may seek the following relief:
 1) the setting aside – in part or in full – of the administrative decision (exception to set the decision aside);
 2) the issue of an administrative decision or performance of an administrative operation (mandamus exception);
 3) forgoing the issuing of an administrative decision or performance of an administrative operation (prohibition exception);
 4) elimination of unlawful consequences of the administrative decision or operation (remediation exception);
 5) ascertainment that the administrative decision is void (ascertainment exception).

§ 256.  Standing

 (1) To protect the public interest, an exception may be filed by an administrative authority whom the law empowers to do so.

 (2) Unless this Chapter provides otherwise, exceptions and the administrative court proceedings instituted by these are subject, respectively, to provisions of Parts 1–5 and of Chapters 23 and 24 of this Code.

§ 257.  Person filing the exception

 (1) Unless this Chapter provides otherwise, the person filing the exception has the procedural role of complainant.

 (2) The person filing the exception does not need to be explained the consequences of abandoning the exception, of a compromise or of termination of proceedings. The person does not need to be cautioned of the consequences of failure to respond to the court and of not appearing for the trial or hearing.

§ 258.  Filing the exception

 (1) The exception to set the decision aside may be filed within 30 days from learning of the issuing of the administrative decision. A mandamus exception may be filed within 30 days from learning of the refusal to issue the administrative decision or perform the administrative operation. A remediation exception may be filed within three years from the day on which the person filing it learned or should have learned of the consequences.

 (2) Regardless of the provisions of subsection 1 of this section, the exception to set the decision aside or mandamus exception may not be filed after three years have elapsed since the issue of the administrative decision or since refusal to issue the administrative decision of perform the administrative operation.

 (3) Where the person filing the exception is required, before recourse to the court, to make a proposal to the respondent to grant the relief sought by the exception, and has complied with the rules prescribed for this, the exception may be filed within 30 days from reception of the respondent’s opinion on the proposal.

 (4) If the court finds that the person who filed the exception does not have the power to do so, it returns the exception of dismisses it.

§ 259.  Judicial proceedings and judgment

 (1) Where there are no third parties in the case or where the third parties consent to this, the court may also consider the exception in written or streamlined proceedings regardless of the principal parties’ consent. The absence of a principal party from trial or hearing does not prevent consideration of the case.

 (2) The exception is granted if its consideration in the administrative court is permitted and the administrative decision or operation, or omission to issue the administrative decision or perform the administrative operation, is unlawful.

 (3) An exception filed to eliminate the consequences of an administrative decision or operation is granted if, in addition to what has been provided for by subsection 2 of this section, the administrative decision that entailed the consequences is void or has been revoked, the consequences are unlawful and harmful to the public interest, a legal basis exists for applying the measure sought, the measure sought is proportionate and there is no valid reason to refuse to apply it.

 (4) An exception seeking ascertainment that the administrative decision is void is granted if, in addition what has been provided for by subsection 2 of this section, the administrative decision is void.

Chapter 26 Complaints against Private Individuals 

§ 260.  Relief sought by the complaint and standing to file the complaint

 (1) A party to an administrative contract or an administrative authority who represents such a party may seek, in the complaint filed against a natural person or a private legal person, first and foremost:
 1) performance of an obligation resulting from the administrative contract;
 2) compensation for harm caused by violation of the administrative contract.

 (2) In situations provided for by law, an administrative authority may file a complaint for compensation for harm caused by an official or another person authorised to perform public duties, including a complaint for the grant of subrogation relief.

 (3) Unless this Chapter provides otherwise, complaints against private individuals and administrative court proceedings initiated by such complaints are governed, accordingly, by provisions of Parts 1–5 and Chapters 23 and 24 of this Code.

§ 261.  Principal parties

  In proceedings provided for by this Chapter, the complainant is the administrative authority who filed the complaint and the respondent is the person against whom the complaint is filed.

§ 262.  Filing the complaint

 (1) Where the respondent is a natural person, the complaint is filed according to the locality of the respondent’s residence. If the respondent’s residence is not in Estonia or is not known, the complaint is filed according to the locality of the complainant’s seat or place of service.

 (2) Unless the law provides otherwise, a complaint against a private individual may be filed within three months following learning of the violation of obligation that is the cause of the relief sought, but not later than three years after the violation.

 (3) Where the law prescribes pre-action proceedings to resolve the case, and the complainant has duly requsted relief in those proceedings, the complaint may be filed within 30 days following the day on which the disposition concluding pre-action proceedings was notified to the complainant, unless otherwise provided by law.

 (4) In addition to what has been provided for by subsection 1 of § 48 of this Code, a complaint filed against a private individual may be joined to a complaint filed in accordance with Chapter 4 of this Code, provided the principal parties in both cases are the same persons and the claims of the cases are related in law.

§ 263.  Judicial proceedings and judgment

 (1) Where a complaint filed against a private individual is served on the respondent, among other things the following must be explained to them:
 1) the particulars that the response to the complaint must contain;
 2) the consequences of failure to respond to the complaint and of absence from the trial or hearing;
 3) the possibility of admitting the complaint and the consequences of admission.

 (2) When disposing of a complaint against a private individual the court cannot issue a direction to the individual to make a new decision regarding the carrying out of an operation or the fixing of a money amount that is to be paid out.

 (3) Subsection 2 of this section does not rule out awarding the late interest or interest sought as relief as a percentage value.

Chapter 27 Granting Permission for Administrative Operation 

§ 264.  Deciding the grant of permission

 (1) In situations provided for by law, the court grants permission for performing an administrative operation, and extends such permission.

 (2) The motion to be granted permission is filed in writing and with stated reasons – as well as with the items of evidence and explanations that are prescribed by the law and needed for disposing of the case – by the administrative authority that has been authorised to do so. The court may require supplementary items of evidence and explanations to be provided. The court may require the person making the motion to find an interpreter or translator, if this is needed to dispose of the motion.

 (3) Unless the law provides a different jurisdictional arrangement, permission for an administrative operation is granted by the court in whose judicial district the administrative authority that applied for the permission is located. The parties to making a decision concerning the grant of permission are the person who made the motion and, in situations provided for by law, the person in whose respect the motion was made.

 (4) Unless the law provides otherwise, the court considers the motion and decides the grant of permission without delay by written order made by a judge sitting alone in streamlined proceedings. The grant of permission may, as an exception, be decided outside the court’s business hours.

 (5) Where the motion to the court is for permission to deprive a person of their liberty, or for an extension of the period of deprivation of liberty, or for removal of the person from Estonia, the case must be considered at a hearing.

 (6) Where the grant of permission is decided at a hearing, the parties and their representatives are summoned to the hearing, yet their absence from hearing does not prevent consideration and disposition of the case. Where convening a hearing is not mandatory, convening one does not rule out application of other provisions on streamlined proceedings.

 (7) The person who made the motion may withdraw it and the parties may conclude a compromise, applying, accordingly, §§ 153 and 154 of this Code.

§ 265.  Orders

 (1) A motion seeking the grant of permission is disposed of by an order.

 (2) The court may, by order, vary or revoke the permission it has granted for performing an administrative operation.

 (3) The order by which permission is given or – as well as one that varies or revokes the permission – is subject to § 465 of the Code of Civil Procedure. The order is served on the parties unless the law provides otherwise. The order enters into effect on having been served on the applicant.

 (4) Unless the law provides otherwise, an order that has entered into force is published in a computer network in accordance with § 175 of this Code.

 (5) A party may appeal the order by which permission is given or – as well as one that varies or revokes the permission, and the order rendered by the circuit court of appeal on the appeal may be further appealed to the Supreme Court. The holding of a hearing is not needed to consider the appeal, even if it was required for deciding the grant of permission.

Chapter 28 Proceedings in Procurement Cases 

§ 266.  Definition of procurement case and application of provisions

 (1) A procurement case is an administrative case arising from the holding of a public tender, including conclusion or amendment of a public contract.

 (2) This Chapter governs the filing and disposing, in procurement cases, of the complaint to set the decision aside, of mandamus complaint, of compensation complaint and of ascertainment complaint.

 (3) Section 269 of this Code also applies to the filing and disposing of compensation complaints.

§ 267.  Subject matter of dispute in procurement cases

 (1) A complaint may be filed in a procurement case against any decision, document or public contract mentioned in subsections 2–4 or 6 of § 185 of the Public Procurement Act, and also against a decision of the Review Committee.
[RT I, 01.07.2017, 1 – entry into force 01.09.2017]

 (2) Provisions of administrative court procedure concerning administrative decisions apply to any decision or document whose purpose is to create, modify or terminate a person’s rights or obligations, including a contracting authority’s or entity’s decisions and documents by which the authority or entity ascertains a circumstance such that the ascertainment is binding. Other decisions and documents of the contracting authority or entity are subject to provisions regarding operations.

 (3) Public contracts are subject to provisions of administrative court procedure concerning administrative decisions. The court does not set aside a valid public contract. The court may ascertain a public contract as void where the contract is void on a ground provided by the Public Procurement Act.

 (4) Where the contracting authority or entity has concluded a valid public contract, the court does not set aside the administrative decision on which the contract is based.

§ 268.  Standing in procurement cases

 (1) The tenderer, candidate or interested economic operator may seek protection of their rights by filing a complaint against actions of the contracting authority or entity, provided they have completed proceedings before the Public Procurement Review Committee, except in procurement cases related to a state secret or to foreign intelligence classified as secret.
[RT I, 01.07.2017, 1 – entry into force 01.09.2017]

 (1¹) In a procurement case related to a state secret or to foreign intelligence classified as secret, the tenderer or complainant or a person interested in participating in the public tender may seek protection of their rights by filing a complaint with the administrative court against the actions of the contracting authority or entity.
[RT I, 23.12.2013, 1 – entry into force 01.01.2014]

 (2) The person who filed a challenge with the Public Procurement Review Committee, or a third party, may appeal the decision of the Committee without contesting the administrative decision or operation that constitutes the subject matter of the challenge, provided the decision of the Committee infringes the complainant’s rights regardless of the subject matter of the challenge.

 (3) The contracting authority or entity may file a complaint against the decision of the Public Procurement Review Committee in so far as the Committee granted the challenge against the authority’s or entity’s administrative decision or operation.

 (4) In a procurement case, a person who has not made use of the possibility to challenge an administrative decision may not rely on the unlawfulness of that decision.

§ 269.  Parties to a procurement case

 (1) The respondent in a procurement case is the contracting authority or entity – except in the situation where the complaint contests the decision of the Public Procurement Review Committee without contesting the administrative decision or operation that constituted the subject matter of the challenge filed with the Committee.

 (2) In a procurement case, the Public Procurement Review Committee is not the respondent. The court may add the Committee to proceedings in the matter under clause 2 or 4 of subsection 1 of § 24 of this Code.

§ 270.  Time limit for filing the complaint in a procurement case

 (1) The time limit for filing the complaint in a procurement case is ten days starting from public announcement of the decision of the Public Procurement Review Committee.

 (1¹) In a procurement case related to a state secret or to foreign intelligence classified as secret, the time limit for filing the complaint is:
 1) ten days from the day on which the complainant learned or should have learned of infringement of its rights or prejudice to its interests, but not after conclusion of the public contract;
 2) ten days from the publication, in the Public Procurement Register, of the optional notice, if the complaint is filed on a ground provided by clause 1 of subsection 4 of § 185 of the Public Procurement Act;
[RT I, 01.07.2017, 1 – entry into force 01.09.2017]
 3) 30 days from the publication, in the Public Procurement Register, of the public procurement report – where the complaint is filed on a ground provided by clauses 2, 4 or 5 of subsection 4 of § 185 of the Public Procurement Act;
[RT I, 01.07.2017, 1 – entry into force 01.09.2017]
 4) 30 days from the day on which the complainant learned or should have learned of infringement of its rights or prejudice to its interests – where the complaint is filed on the ground provided by clause 6 of subsection 4 of § 185 of the Public Procurement Act;
[RT I, 01.07.2017, 1 – entry into force 01.09.2017]
 5) six months from conclusion of the public contract – where the complaint is filed on the ground provided by clause 3 of subsection 4 of § 185 of the Public Procurement Act.
[RT I, 01.07.2017, 1 – entry into force 01.09.2017]

 (2) A remediation complaint may be filed in a procurement case:
 1) together with a request for relief consisting in the setting aside of the administrative decision or in ascertaining that the administrative decision is void or that the administrative operation is unlawful;
 2) within 30 days following the day on which the judgment granting the relief mentioned in clause 1 of this subsection entered into effect or
 3) within 30 days following the day on which the court order approving a compromise that grants the relief mentioned in clause 1 of this subsection entered into effect.

§ 271.  Representations of parties in a procurement case

 (1) In a procurement case, a party makes a representation to the court electronically, provided the representation exists in an electronic form and provided no valid reason is present to make it in another form.

 (2) A party sends any representation that it transmits to the court, together with any annexes to that representation, directly to the other parties, notifying this to the court. Section 337 of the Code of Civil Procedure applies.

 (3) A representation that contains new circumstances or new motions or applications must be made at least two business days before the trial or hearing – or, where the case is considered without convening one – before the end of the time limit for the filing of procedural documents.

 (4) Where the court provisionally refuses to consider a representation made in a procurement case – including the complaint – the person who made the representation is obligated to cure its defects within two business days following reception of the provisional refusal order.

§ 272.  Service of procedural documents in a procurement case

 (1) In a procurement case, procedural documents are served on parties electronically to the e-mail address that the party has communicated to the court, to the Public Procurement Review Committee or to the contracting authority or entity. A procedural document may be served by another method only where a valid reason is present.

 (2) A procedural document may be served electronically also with automated confirmation of receipt or dispatch.

§ 273.  Procurement cases: suspension of proceedings by operation of law or by order of the court, expedition of proceedings

 (1) Proceedings in a procurement case are not suspended by operation of law and are not subject to court-ordered suspension in situations provided for by subsections 1 and 2 of § 92, by § 94, by subsection 2 of § 95 or by § 97 of this Code.

 (2) A motion to expedite proceedings may, having regard to other preconditions provided for by subsection 1 of § 100 of this Code, be made in a situation where proceedings in the procurement case have been pending before the court at least for 15 days. The motion may also be made where the court, at the trial or hearing, postpones consideration of the matter for more than 15 days.

 (3) A motion to expedite proceedings is disposed of by the court without delay. A new motion may be made after 15 days have elapsed since the day on which the court order rendered in respect of the previous motion entered into effect.

§ 274.  Accepting the complaint, and preliminary proceedings, in a procurement case

 (1) Within one business day after receiving the complaint, the court verifies, in addition to what has been provided for by subsection 1 of § 120 of this Code, whether the complainant has sent the complaint to all parties. If the complaint has not been sent to a party, the court serves the complaint on the party.

 (2) The court that received the complaint instructs the Public Procurement Review Committee to send up to the file of proceedings on the challenge and, where this is needed, requires the respondent to provide supplementary documents.

 (3) The respondent is obligated to provide to the court, within seven days following reception of the complaint, a written response to it. A third party is entitled to provide a response within the same time limit.

§ 275.  Form and time limit for considering a procurement case

 (1) A procurement case is considered at trial or at a hearing or, in situations provided for by law, in written proceedings, in streamlined proceedings or by hearing the parties by another method.

 (2) A procurement case is considered by the administrative court within 45 days following the filing of the complaint.

§ 276.  Trial or hearing and hearing of parties in a procurement case

 (1) The time interval between service of complaint on the respondent and any third parties and the trial or hearing must be at least ten days. The time interval between service of the summons and the day of the trial or hearing must be at least three days. Where the parties agree to this, the court may reduce the aforementioned intervals.

 (2) Instead of holding the trial or hearing, the court may hear parties without the other parties being present, provided that, in the court’s assessment, it is possible by this method to sufficiently assess the information and views obtained from the person, and provided the holding of the trial or hearing would jeopardise consideration of the procurement case within the time limit provided by subsection 2 of § 275 of this Code.

 (3) The hearing of a party’s explanation may, among other methods – provided the court has no doubts concerning the identity of the person providing the explanation – take place over the telephone or by inviting the parties to provide their views in writing or electronically. Where new material circumstances come to light in the course of hearing the party, the court, before it concludes consideration of the case, acquaints the other parties with these by providing them with a brief summary. The hearing of the person and any material circumstances related to it must be stated in the judgment.

§ 277.  Consequences of failing to respond to the court and of absence from trial or hearing in a procurement case

 (1) The court does not, regardless of the presence of a valid reason, extend the time limit for responding to the court if that time limit has been duly notified to the party and its extension would jeopardise consideration of the procurement case within the time limit provided by subsection 2 of § 275 of this Code.

 (2) The court does not, regardless of the presence of a valid reason, postpone consideratioh of the case if the time and place of the hearing have been duly notified to the party and postponement of the hearing would jeopardise consideration of the matter within the time limit provided by subsection 2 of § 275 of this Code.

 (3) Where the complaint was dismissed under § 144 of this Code, a motion to reinstate proceedings may be made within seven days following service of the order by which the complaint was dismissed.

 (4) Where a party was absent from the trial or hearing for a reason other than those provided for by subsection 3 of § 146 of this Code, the court may decide not to resume the proceedings where resumption would jeopardise consideration of the procurement case within the time limit provided by subsection 2 of § 275 of this Code.

§ 278.  Time limit for appeal against order or judgment in a procurement case

 (1) In a procurement case, an appeal against judgment of the administrative court, an appeal against judgment of the circuit court of appeal and an appeal against order may be filed within ten days following public announcement of the disposition to be appealed.

 (2) Where the time of public announcement of the judicial disposition has not been notified to the party, the time limit for appealing it starts to run from service of the disposition.

 (3) No counter-appeal against judgment of the administrative court or counter-appeal against judgment of the circuit court of appeal can be filed in a procurement case.

§ 279.  Proceedings in procurement cases in the circuit court of appeal and in the Supreme Court

 (1) In a procurement case, the appeal against judgment of the administrative court, the appeal against judgment of the circuit court of appeal or the appeal against order may be considered in streamlined proceedings regardless of the provisions of subsections 1 and 2 of § 133 of this Code. Where the preconditions provided by subsections 1 and 2 of § 133 of this Code are not fulfilled, the circuit court of appeal does not render judgment in the procurement case without the descriptive part and reasons.

 (2) The party adverse to the person who filed the appeal against judgment of the administrative court, the appeal against judgment of the circuit court of appeal or the appeal against order is obligated to provide, within 10 days following reception of the appeal, a written response to it. The other parties are entitled to provide a responses within the same period.

§ 280.  Interim protection in procurement cases

 (1) A motion for interim protection may not be made in a procurement case before proceedings before the Public Procurement Review Committee have been completed.

 (1¹) Where the complaint is filed against a decision that is chronologically the last one made by the contracting authority or entity in procurement proceedings prior to concluding the public contract and where the significant public interest that may be harmed if the contract is not concluded outweighs potential harm to the complainant’s rights, the court may, on a reasoned motion of the authority or entity and at any stage of judicial proceedings, authorise the authority or entity to issue the acceptance for concluding the contract.
[RT I, 05.05.2022, 2 – entry into force 01.06.2022]

 (2) A decision of the Public Procurement Review Committee, or a court order, by which an application or motion to suspend the procurement or to authorise the issuing of acceptance for concluding the public contract is disposed of – or revocation by the Review Committee of such a decision – may be appealed within three business days following notification of the decision or order.
[RT I, 05.05.2022, 2 – entry into force 01.06.2022]

 (3) The appeal mentioned in subsection 2 of this section is disposed of in accordance with the rules provided by Chapter 24 of this Code.

 (4) An appeal concerning an interim protection order, as well as concerning an order on the appeal mentioned in subsection 2 of this section is filed within three business days. Where the order was made by the administrative court, the appeal is filed directly with the circuit court of appeal.

PART VII IMPLEMENTING PROVISIONS 

Chapter 29 Implementation of the Code of Administrative Court Procedure 

§ 281.  Territorial jurisdiction

 (1) Jurisdiction in cases in which the complaint was filed before entry into force of this Code does not change as a result of its entry into force.

 (2) Where the complaint against the Social Insurance Board was filed before 1 January 2018, jurisdiction in the case remains unchanged.
[RT I, 28.11.2017, 1 – entry into force 01.01.2018]

§ 282.  Parties

 (1) The administrative authority who was respondent in the case in which the complaint was filed before the entry into force of this Code remains the respondent of the case also after this Code has entered into force, with no supplementary addition of the administrative authority or person who would be the respondent under this Code being required.

 (2) An oversight authority or official – or representative of a state or municipal authority – who was added to administrative court proceedings before the entry into force of this Code is deemed an administrative authority added to proceedings.

§ 283.  Admissibility of complaints

 (1) The complaint’s admissibility, including standing, as well as observance of the time limit for filing the complaint and of the substantive and formal requirements that it must meet, are ascertained based on the law in force at the time the complaint was filed.

 (2) Where the administrative authority delays or omits to issue an administrative decision or carry out an administrative operation that was applied for before the entry into force of this Code, a mandamus complaint may be filed within two years following the entry into force o the Code.

 (3) Where the administrative authority delays or omits to dispose of a request for relief that was filed in pre-action proceedings before the entry into force of this Code, a complaint seeking the same relief may be filed within two years following the entry into force of this Code.

§ 284.  Procedural time limit

  A procedural time limit that started to run before the entry into force of this Code ends according to the law hitherto in force.

§ 285.  Case costs and financial aid

 (1) Where procedural operations have been carried out prior to the entry into force of this Code, the division and award of the corresponding costs are subject to provisions of the Code of Administrative Court Procedure hitherto in force.

 (2) An application for exemption from the statutory fee or from procedural deposit that was made before the entry into force of this Code is considered in accordance with provisions of this Code on financial aid.

§ 285¹.  Application of lower rates of the statutory fee

  The statutory fee paid – in accordance with the rate applicable from 1 January 2009 through 30 June 2012 – in administrative court proceedings on filing a complaint or appeal against judgment is refunded based on the party’s application in so far as it exceeds, by more than 50 euros, the rate applicable to performing the corresponding procedural operation at the time that the decision concerning the refund is made, provided that, by the date the application is made, judicial proceedings have not been concluded by a final disposition that has entered into effect.
[RT I, 21.06.2014, 8 – entry into force 01.07.2014]

§ 285².  Changes in the rate of the statutory fee and return of the statutory fee

 (1) Where the rate of the statutory fee or of the procedural deposit changes during the run of the time limit for filing appeal against judgment of the administrative court, appeal against judgment of the circuit court of appeal or appeal against order, the fee or deposit is paid according to the rate in force at the time when the appeal is filed.

 (2) Claims for refund of statutory fee that arose before 1 January 2018 are extinguished on 31 December 2019.
[RT I, 28.11.2017, 1 – entry into force 01.01.2018]

§ 286.  Provisional refusal to consider, and return of, the complaint

 (1) A complaint filed before the entry into force of this Code is returned if it does not meet the substantive and formal requirements in effect at the time of filing, the complainant has not cured the defects within the time limit set by the court and the defects prevent consideration of the case.

 (2) A complaint filed before the entry into force of this Code is not provisionally refused consideration, or returned, on account of infringement of substantive or formal requirements applicable to it if the complaint meets the substantive and formal requirements that are applicable on the entry into force of this Code.

§ 287.  Written proceedings

  Where the time limit set to a third party for responding expired before the entry into force of this Code and if the third party has not provided a response to the court, the court does not presume that the party consents to the case being disposed of in written proceedings.

§ 288.  Returning and dismissing the complaint

 (1) A complaint filed before the entry into force of this Code is not returned or dismissed under clause 2 of subsection 2 of § 121 of this Code.

 (1¹) A complaint filed before 1 January 2018 is not returned or dismissed under clauses 2¹ and 2² of subsection 2 of § 121 of this Code. Complaints filed before 1 January 2018 are governed by clauses 1 and 2 – in the version in force at the time the complaint was filed – of subsection 2 of § 121 of this Code.
[RT I, 28.11.2017, 1 – entry into force 01.01.2018]

 (1²) An appeal against judgment of administrative court filed before 1 January 2018 is not returned or dismissed under subsection 3¹ of § 187 of this Code.
[RT I, 28.11.2017, 1 – entry into force 01.01.2018]

 (2) The complaint is not dismissed on account of failure to provide the item of evidence, explanation or response required by the court – or on account of a defect in such a procedural document – if the time limit for providing the document or for curing the defect expired before the entry into force of this Code.

§ 289.  Resumption of proceedings

  Section 147 of this Code is not applied where the complaint was dismissed or consideration of the case concluded before the entry into force of this Code.

§ 289¹.  Proceedings on appeals

  Appeals filed before 1 January 2018 are governed by the version of this Code in force prior to 1 January 2018.
[RT I, 28.11.2017, 1 – entry into force 01.01.2018]

§ 290.  Admissibility of exceptions and of complaints against private individuals

 (1) Sections 281 and 282, subsection 1 of § 283 and §§ 284–289 apply, accordingly, to exceptions, to complaints against private individuals and to administrative court proceedings initiated by such representations.

 (2) Where an administrative contract was infringed before the entry into force of this Code and the law hitherto in force did not provide an earlier time limit, complaint against a private individual for performance of an obligation resulting from the administrative contract, or for compensation for harm caused by infringement of the contract may be filed within three months starting from the entry into force of this Code.

§ 291.  Application of provisions governing class proceedings and streamlined proceedings

  Provisions of the Code of Administrative Court Procedure regarding class proceedings and streamlined proceedings do not apply to cases accepted before the entry into force of this Code.

§ 292.  Right of recourse to administrative court in environmental cases

  [Repealed – 08.07.2014, 3 – entry into force 01.08.2014]

§ 292¹.  Proceedings emanating from Protocol No. 16 to the Convention on the Protection of Human Rights and Fundamental Freedoms

  Subsection 7 of § 81, subsection 5 of § 95, subsection 4 of § 96 and § 228¹ of this Code are applied from the day on which Protocol No. 16 to the Convention on the Protection of Human Rights and Fundamental Freedoms enters into force in respect of Estonia.
[RT I, 26.06.2017, 17 – entry into force 06.07.2017]

§ 292².  Publication in computer network of judicial dispositions that have entered into effect

  Subsection 1 of § 175 of this Code applies to judicial dispositions that entered into effect on 1 January 2006 or later.
[RT I, 13.03.2019, 2 – entry into force 15.03.2019]

Chapter 30 Amendments to Other Legislative Instruments 

§ 293. – § 314. [Omitted from this text.]

Chapter 31 Entry into Force of this Code 

§ 315.  Entry into force of this Code

 (1) This Code enters into force on 1 January 2012.

 (2) Section 292 of this Code enters into force in accordance with regular rules.