Terminal’s dispute with Olerex ended positively for Terminal

Olerex filed a claim against Terminal and a member of its management board, asserting that a statement published in an article by the Estonian Public Broadcasting – alleging that Olerex caused damages of at least 100 million euros by breaching the biofuel obligation – constituted an incorrect factual assertion or, alternatively, defamation.

Terminal did not accept the claim, maintaining that the statement published in the article could not be regarded as a factual assertion, but rather as a value judgment, which was appropriate. Consequently, Olerex’s claims were deemed unjustified.

As a result of the court proceedings, the parties reached a compromise agreement, under which they agreed that an explanation would be published clarifying the intended meaning of the statement that it was indeed a value judgment.

Accordingly, and as a result of the court proceedings, it was not established that Terminal or its management board member had published incorrect facts or made defamatory statements, nor were they obliged to retract them.

Terminal and its management board member were represented by Partner Annika Peetsalu and Managing Associate Kaidi Reiljan-Sihvart.