Harju county court satisfied the claim of attorneys-at-law of LEADEL Pilv representing Allan Kiil against Tallinn harbour
Attorneys-at-law Aivar Pilv and Britta Oltjer successfully represented Allan Kiil in a dispute with Tallinna Sadam AS. Kiil filed a claim against Tallinn Harbour for compensation and penalty fees on the basis of prohibition of competition. On 16 January 2017 the court satisfied Kiil’s claim, collected compensation and penalty fees from Tallinn harbour in favour of Kiil, and approved all the procedural expenses to be carried out by Tallinn harbour.
The prohibition of competition was provided in the contract of the board manager that was concluded between Kiil and Tallinn harbour that prescribes prohibition to Kiil to work for competitors of Tallinn harbour or to provide any service to them within 12 months after termination of the contract. Despite the fact, that Kiil has fulfilled his contract based obligations, Tallinn harbour refused to pay the agreed compensation justifying it with the termination of working relationship and thus termination of prohibition of competition.
Harju County Court stated that along with termination of working relationship the agreement on prohibition of competition hadn’t been expired by default.
The court has detected that Kiil hadn’t concluded any forbidden contract within 12 months, which was the reason why Tallinn harbour was obliged to compensate the agreed amount of money.