DERLING’s partner Piret Blankin granted interim relief in Tootsi wind farm case

The circuit court decided to maintain in force the regulation, which forbids the government to transfer Tootsi Suursoo wind farm property to Eesti Energia without an auction, until the end of the dispute. The Government of the Republic of Estonia or Eesti Energia can not lodge an appeal against the decision. According to the representative of the appellant Piret Blankin, the decision of the circuit court protects the right of Estonian enterprises to participate in a fair market competition with a large state enterprise: “Transferring a valuable property to a state enterprise without an auction would jeopardise free competition and other enterprises in the market. Granting interim relief shows that the court agrees with this statement. The principle of fair competition must be ensured even if the representative of a party’s shareholders is the Minister of Finance“.

On 8 December 2016, the government decided to transfer the Tootsi Suursoo property located in Pärnu County to Eesti Energia, but AS Raisner applied for the suspension of operation of this decision by means of interim relief. Tallinn Administrative Court held valid the decision to suspend the operation of the government’s decision on 19 January 2017. Eesti Energia and the government appealed the decision of the Administrative Court to the second instance, but with the decision of the Circuit Court, interim relief shall remain in force until the end of the dispute. In doing so, the court did not find significant public or Eesti Energia’s interest, which would justify the transfer of property to Eesti Energia before the evaluation of the legality of government’s decision.

The primary task of interim relief is to ensure the legal positions under dispute for the time of the main action and to guarantee legal stability during court action.