HPP Asianajotoimisto

Kiertokapula Oy, advised by HPP, has obtained compensation of 423 500 euros in the precedent concerning waste delivery

HPP successfully assisted Kiertokapula Oy, responsible for municipal waste management in the Hämeenlinna area, in the court of appeal with a precedent concerning waste transportation past the municipal waste company.

For several years, SITA Suomi Oy had been transporting waste past the Kiertokapula Oy’s transfer point. The waste had been transported directly to an incinerator owned by Ekokem Corporation which led to a significant loss of waste management payments for Kiertokapula Oy.

Kiertokapula Oy claimed the payments not received as compensation from SITA Suomi Oy. Since there was no contractual relation between the parties, the case also involved the question of whether the requirements for especially weighty reasons and the compensation of pure economic loss were fulfilled.

By its decision, the court of appeal considered that the procedures of SITA Suomi Oy have been intentional or at least grossly negligent, especially when taken into account that the defendant was a professional waste transportation company. In addition, the court of appeal considered the waste management functions by Kiertokapula Oy as socially important public services. On this basis, inter alia, the court of appeal ruled that the requirements for liability were met and obligated SITA Suomi Oy to pay 423 000 euros, the full amount claimed by Kiertokapula Oy.

At HPP, the proceedings were handled by senior associate Johan Pråhl, associate Miikka Rantanen and partners Pekka Puhakka and Jouni Alanen.