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Code of Civil Procedure and Code of Enforcement Procedure Implementation Act

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Code of Civil Procedure and Code of Enforcement Procedure Implementation Act - content
Issuer:Riigikogu
Type:act
In force from:enters into force simultaneously with entry into force of the Agreement on a Unified Patent Court and the Agreement on the establishment of a Nordic-Baltic regional division of the Unified Patent Court with regard to Estonia
In force until:
Translation published:04.06.2019

Code of Civil Procedure and Code of Enforcement Procedure Implementation Act

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

Amended by the following legal instruments (show)

PassedPublishedEntry into force
26.01.2006RT I 2006, 7, 4204.02.2006
06.12.2006RT I 2006, 61, 45701.01.2007
11.06.2008RT I 2008, 28, 18015.07.2008
10.12.2008RT I 2008, 59, 33001.01.2009
22.04.2010RT I 2010, 22, 10801.01.2011 enters into force on the date which has been determined in the Decision of the Council of the European Union regarding the abrogation of the derogation established in respect of the Republic of Estonia on the basis provided for in Article 140 (2) of the Treaty on the Functioning of the European Union, Council Decision 2010/416/EU of 13 July 2010 (OJ L 196, 28.07.2010, pp. 24–26).
06.06.2012RT I, 29.06.2012, 301.01.2013, partially 01.07.2012
20.12.2012RT I, 31.12.2012, 510.01.2013
21.01.2014RT I, 31.01.2014, 601.02.2014, partially 01.04.2014 and 01.07.2014
11.06.2014RT I, 21.06.2014, 801.01.2015, partially 01.07.2014
19.06.2014RT I, 29.06.2014, 10901.07.2014, the titles of ministers replaced on the basis of subsection 107³ (4) of the Government of the Republic Act.
10.12.2014RT I, 31.12.2014, 110.01.2015
18.02.2015RT I, 12.03.2015, 401.10.2015
18.02.2015RT I, 12.03.2015, 501.07.2015
10.05.2017RT I, 26.05.2017, 105.06.2017
07.06.2017RT I, 26.06.2017, 1706.07.2017
14.06.2017RT I, 04.07.2017, 4 enters into force simultaneously with entry into force of the Agreement on a Unified Patent Court and the Agreement on the establishment of a Nordic-Baltic regional division of the Unified Patent Court with regard to Estonia
21.11.2018RT I, 07.12.2018, 217.12.2018
20.02.2019RT I, 19.03.2019, 229.03.2019
21.02.2019RT I, 19.03.2019, 801.04.2019

Chapter 1 GENERAL PROVISIONS  

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

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

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

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

 (1) A term of proceedings which began to run before the entry into force of this Act ends pursuant to the Code of Civil Procedure or Code of Enforcement Procedure hitherto in force.

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

 (3) Administrative court proceedings commenced before 1 January 2009 may be completed regardless of the fact that, after 1 January 2009, the matter should be adjudicated by a county court. The same applies to adjudication, by contentious or non-contentious procedure, of matters which were commenced before 1 January 2009, if the type of procedure has been changed under the law currently in force.
[RT I 2008, 59, 330 - entry into force 01.01.2009]

§ 21.  Implementation of lower rates of the state fee

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

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

§ 22.  Implementation of making documents available and digital signing of court judgments

 (1) A transitional period, which shall not last longer than until 1 January 2015, may be established by a regulation of the minister responsible for the area for the implementation of the service of documents and making of documents available through the information system.

 (2) A transitional period, which shall not last longer than until 1 January 2015, may be established by a regulation of the minister responsible for the area for the implementation of electronic preparation of court judgments. If such transitional period is established, the court may prepare and sign judgments on paper until the end of the transitional period.
[RT I, 29.06.2012, 3 - entry into force 01.07.2012]

§ 23.  Making of default judgment upon failure to respond to action

  Upon failure to respond to an action filed before 1 January 2013 the court may make a default judgment only if requested so by the plaintiff.
[RT I, 29.06.2012, 3 - entry into force 01.07.2012]

§ 24.  Implementation of subsection 41 (5) of Code of Civil Procedure

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

§ 25.  Competence of county courts in connection with entry into force of Agreement on Unified Patent Court

  County courts are also competent, within seven years after entry into force of the Agreement on a Unified Patent Court (OJ C 175, 20.6.2013, p. 1–40), to adjudicate matters related to infringement or revocation of a European patent and matters related to infringement or declaration of invalidity of a supplementary protection certificate issued for a product protected by a European patent.
[RT I, 04.07.2017, 4 - enters into force simultaneously with entry into force of the Agreement on a Unified Patent Court and the Agreement on the establishment of a Nordic-Baltic regional division of the Unified Patent Court with regard to Estonia]

§ 3.  Division and determination of procedural expenses

 (1) If proceedings were commenced before the entry into force of this Act, the provisions of the Code of Civil Procedure hitherto in force apply to the division and determination of procedural expenses.

 (2) A security shall be paid on the petitions for securing actions submitted before 1 January 2009. Subsection 383 (11) of the Code of Civil Procedure does not apply to such petitions, but this does not preclude the right of the court to require a security on the basis of subsection 383 (1).

 (3) Upon adjudication of an application for grant of procedural assistance after 1 January 2009, reasonable expenses of the applicant on housing and transport are taken into account even if the application for grant of procedural assistance was submitted before 1 January 2009.
[RT I 2008, 59, 330 - entry into force 01.01.2009]

§ 31.  Taxation of remuneration of trustee in bankruptcy

  If a bankruptcy petition is accepted before 1 January 2015, subsection 183 (2) of the Code of Civil Procedure in the wording in force until 30 June 2014 applies to the taxation of remuneration of the trustee in bankruptcy, and either value added tax or social tax is added to the remuneration of the interim trustee or trustee in bankruptcy.
[RT I, 21.06.2014, 8 - entry into force 01.07.2014]

§ 4.  Agreement on jurisdiction

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

§ 41.  Right of appeal by third party without independent claim

  A third party without an independent claim has no right to appeal against a decision made in a matter in which he or she participated as a third party if the third party entered or was joined to proceedings before 1 January 2009.
[RT I 2008, 59, 330 - entry into force 01.01.2009]

§ 42.  Judgment in simplified form in simplified proceedings

  The opportunity to make a judgment without the descriptive part or without the statement of reasons and the restrictions on acceptance of appeals that are provided concerning matters dealt with by simplified procedure do not apply if the action was filed before 1 January 2009.
[RT I 2008, 59, 330 - entry into force 01.01.2009]

§ 43.  Appeals against orders in registry matters

  Appeals may be filed against orders which have been made before 1 January 2009 and which are mentioned in section 599 of the Code of Civil Procedure in the version in force before 1 January 2009 during the term prescribed in that section.
[RT I 2008, 59, 330 - entry into force 01.01.2009]

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

 (1) The minister responsible for the area shall establish a regulation on the basis of subsections 83 (22) and 93 (52) of the Code of Enforcement Procedure no later than on 1 January 2016.

 (2) The provisions of subsections 83 (21), 871 (2) and 93 (51) of the Code of Enforcement Procedure are implemented from the entry into force of the regulation specified in subsection (1) of this section.
[RT I, 31.12.2012, 5 - entry into force 10.01.2013]

§ 45.  Implementation of subsection 231 (2) of the Code of Enforcement Procedure

  The requirement on the use of the information system provided for in subsection 231 (2) of the Code of Enforcement Procedure applies as of 1 January 2015.
[RT I, 21.06.2014, 8 - entry into force 01.07.2014]

§ 46.  Publication of court decision entered into force in computer network

  Subsection 462 (1) of the Code of Civil Procedure applies to the court decisions entered into force on or after 1 January 2006.
[RT I, 19.03.2019, 2 - entry into force 29.03.2019]

§ 5.  Participation in procedural acts of Supreme Court

  A person who, at the time of entry into force of this Act, is a participant in proceedings in a civil matter dealt with by the Supreme Court may participate in the proceedings before the Supreme Court without a representative.

§ 6.  Expedited procedure for orders for payment

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

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

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

 (4) For the purposes of proceedings, a statement of claim filed before 1 January 2006 may be deemed as a petition for application for expedited procedure for an order for payment at the request of the plaintiff.

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

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

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

 (8) The adjudication of a matter of expedited procedure for an order for payment which has been accepted before transition to the fully electronic procedure is completed by the county court which conducts proceedings in the matter.
[RT I 2008, 28, 180 - entry into force 15.07.2008]

 (9) As of the implementation of fully electronic expedited procedure for orders for payment, jurisdiction in matters of expedited procedure for orders for payment filed with the court is determined pursuant to subsection 108 (4) of the Code of Civil Procedure.
[RT I 2008, 28, 180 - entry into force 15.07.2008]

§ 7.  Consideration of petitions for correction of court errors and petitions for review

  Consideration of petitions for the correction of court errors and petitions for review filed before the entry into force of this Act is conducted pursuant to the Code of Civil Procedure hitherto in force.

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

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

 (11) The validity of an arbitral agreement entered into before 1 July 2015 shall be evaluated pursuant to law in force before 1 July 2015.
[RT I, 12.03.2015, 5 - entry into force 01.07.2015]

 (2) Arbitration proceedings commenced before the entry into force of this Act are completed pursuant to law hitherto in force unless the parties agree otherwise.

 (3) Arbitration proceedings commenced before 10 January 2015 are completed pursuant to law in force before 10 January 2015 unless the parties agree otherwise.
[RT I, 31.12.2014, 1 - entry into force 10.01.2015]

 (4) Arbitration proceedings commenced before 1 April 2019 are completed pursuant to law in force until 31 March 2019 unless the parties agree otherwise.
[RT I, 19.03.2019, 8 - entry into force 01.04.2019]

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

§ 9.  Non-contentious matters

 (1) An appeal or appeal in cassation filed against a judgment made before the entry into force of this Act in a non-contentious matter is heard by way of appeal or cassation procedure. In such case the preliminary acts for the appeal procedure are performed by the court of first instance and the preliminary acts for the cassation procedure are performed by the circuit court.

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

 (3) The matters of appointment of a guardian or placement of a person in a closed institution commenced before 1 January 2009 are resolved pursuant to the provisions in force before 1 January 2009 unless the provisions of this section provide otherwise. The above does not apply to the extension of the term, termination and amendment of orders made in such proceedings.
[RT I 2008, 59, 330 - entry into force 01.01.2009]

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

  Entry into force of this Act does not restrict the continuation of activities of the Estonian Chamber of Commerce and Industry Arbitral Tribunal which has operated under the Republic of Estonia Estonian Chamber of Commerce and Industry Arbitral Tribunal Act or the legal force of its procedure hitherto in force unless it is in conflict with the Code of Civil Procedure.

§ 11.  Enforcement proceedings based on earlier enforcement instruments

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

 (2) Only transactions that have been performed after the entry into force of the Code of Enforcement Procedure can be revoked by way of recovery procedure.

 (3) A person, whose property has been seized or on whose property a notation concerning the prohibition on disposal has been made by a bailiff before 1 March 2001 on the basis of a claim in which enforcement proceedings have not been continued after 1 March 2001, has the right to file a petition with the court for preclusion of the right of the claimant by way of calling proceedings provided for in the Code of Civil Procedure.

 (4) A notarial agreement attested until 31 December 2005 concerning a claim, which prescribes payment of a determined amount of money or delivery of fungible things or securities in a determined quantity, may also be submitted for compulsory enforcement after the entry into force of this Act if the debtor has consented to immediate compulsory enforcement pursuant to the agreement. A claim arising from a pledge contract is also deemed to be a claim which prescribes payment of a determined amount of money if the agreement on immediate compulsory enforcement is included in the agreement prepared on the claim secured by the pledge contract.
[RT I 2006, 7, 42 - entry into force 04.02.2006]

§ 111.  Application of Taxation Act to payment and set-off of procedural expenses

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

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

§ 112.  Application of subsection 65 (5) of Code of Enforcement Procedure

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

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

  Subsections 33 (5), 356 (5) and 358 (4) and § 6811 of the Code of Civil Procedure are applied as of the day of entry into force of Protocol 16 to the Convention on the Protection of Human Rights and Fundamental Freedoms in respect of Estonia.
[RT I, 26.06.2017, 17 - entry into force 06.07.2017]

Chapter 2 AMENDMENT OF LEGISLATION  

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

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

§ 100.  Provision delegating authority

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

§ 101.  Entry into force of Act

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

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