Estonia - Chapter 10 - Collective Litigation in Europe: Law and Practice
Originally from Collective Litigation in Europe: Law and Practice – Preview Page
In Estonia, the only specific regulation for collective actions comes from the transposition of the Representative Actions Directive (EU) 2020/1828 (the RAD) on January 1, 2025.
Civil procedure in general, which is followed when considering a civil case, is regulated in the Code of Civil Procedure (CCP, Tsiviilkohtumenetluse seadustik). Civil procedure is divided into action-by-claim proceedings and action-by-petition proceedings. For action-by-claim proceedings a court claim is filed and the parties to the proceedings are called the claimant and the defendant. Action-by-petition proceedings are initiated by the court of its own motion or on a petition of an interested party or authority and the parties to the proceedings are called the petitioner and the person concerned. Action-by-claim proceedings are disposed of by the court by a judgment, action-by-petition proceedings are disposed of by an order.
The provisions of the CCP which apply to the action-by-claim procedure apply to the action-by-petition procedure as well, except where there are specific provisions for the latter. Important differences in action-by-petition proceedings compared to action-by-claim proceedings are stated in section 477 of the CCP. According to subsection 477 (5) of the CCP, in action-by-petition proceedings the court is not bound by the motions or applications made or circumstances asserted by parties, or parties’ assessment of the circumstances. In addition, even where no objections to the petition have been raised, the court must verify whether it is in conformity with the law and is supported by evidence (subsection 477 (7) of the CCP).
