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Tallinn District Court agreed with the decision of County Court satisfying the claim of Allan Kiil against the Tallinna Sadam
Attorneys-at-law Aivar Pilv and Britta Oltjer of the LEADELL Pilv Law Office successfully represented Allan Kiil in a dispute against Tallinna Sadam (Port of Tallinn).
The Tallinn District Court refused to satisfy the appeal of the Tallinna Sadam and change the decision of the County Court which satisfied the claim of A. Kiil against Tallinna Sadam for receiving compensation in amount of almost 25,000 Euro arising from the prohibition of competition. Additionally Tallinna Sadam was ordered to cover the procedural costs of A. Kiil in amount of 6,500 Euro. The District Court ordered the payment of additional procedural costs to A. Kiil in amount of 2,000 Euro.
The District Court agreed with the previous conclusions of the County Court establishing that the service contract of the member of management board was cancelled by A. Kiil, not the Tallinna Sadam. According to the court, based on the wording of the decision this was also the understanding of the council of the company. The court was of opinion that any interpretation of the council decision would fail to summarize that the agreement for prohibition of competition was terminated together with the employment relation. The termination of restriction for competition is subject to be clearly stated and formulated by the company, which was not the given case.
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