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Pirkka-Marja Põldvere successfully represented client in dispute resolution
03.09.2018LEADELL
Harju County Court decided not to satisfy the claim against a client of LEADELL Pilv regarding alleged transition of company. The court agreed with the reasoning of senior associate Pirkka-Marja Põldvere, stating that similarity of business names and transition of certain assets from the initial debtor to a third person cannot be equalised with the transition of a company.
Based on case law of the Estonian Supreme Court, EU Directive and decisions of the European Court, it was explained in the current court decision that a company is transferred in case a business unit is transferred which keeps the previous identity, in other words organised pooling of resources with the aim of economic activities as main business or side business.
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