TRINITI successfully represented AS Tallinna Sadam – the port of Tallinn, in a significant dispute with AS Tallink Group regarding competition and shipping law.
On 01.03.2021, AS Tallink Grupp brought a substantial action before the court accusing AS Tallinna Sadam of alleged abuse of a dominant position when providing port services at the Tallinn Old Harbour and demanded compensation for unjust enrichment or, alternatively, for causing a loss. According to AS Tallink Grupp, AS Tallinna Sadam abused its dominant position in 2016-2019 and charged AS Tallink Grupp an unfairly high price for port services provided to scheduled service passenger ships visiting the Old Harbour. Total amount of the claim was ca 20 million euros.
With the assistance of TRINITI AS Tallinna Sadam contested the claims made in full, referring to the fact that port fees established for passenger ships by AS Tallinna Sadam are the most competitive in the Baltic Sea region and are still lower than comparable fees applied by Helsinki and Stockholm ports.
On 11.02.2022, to avoid further extensive disputes and incidental additional cost, AS Tallink Grupp and AS Tallinna Sadam, with the assistance of TRINITI, reached a settlement to terminate the litigation between the parties. According to that compromise, AS Tallink Grupp waived all claims presented in the court proceedings and AS Tallinna Sadam changed the port fees for providing port services to scheduled service passenger ships visiting the Old Harbour in the future, which will apply to all passenger ferry operators.
AS Tallinna Sadam was represented in these court proceedings by TRINITI attorneys-at-law Tanel Kalaus and Katri Tomson.
