Karl Kask

E-mail: Karl.Kask@levinlaw.ee
Phone: : (+372) 686 0000

Karl Kask is one of Estonia's most respected and successful trial lawyers.

Karl has represented clients at the European Commission, twice before the European Court of Justice (C-140/08: Rakvere Lihakombinaat and C-51/21: M.W. Wool) and more than thirty times in Estonia's highest court – the Supreme Court.

In the Rakvere Lihakombinaat case, the Court of Justice ultimately held that no Estonian company is liable to pay an excess stock fee because the relevant EU legislation had not been published in Estonian in the Official Journal of the European Union on the date of Estonia's accession to the EU.

To date, with Karl's involvement and guidance, over two hundred disputes, both in and out of court, have been successfully resolved for a total of more than EUR 55,000,000.

Karl specialises in both administrative and civil litigation and is one of the most recognised specialists in complex out-of-court and litigation matters, several of which have attracted public attention.

Karl is regarded by his clients as a balanced and farsighted negotiator with a very good strategic and tactical sense in dispute resolution.

Karl has advised and represented a prominent international construction company in internal investigations as well as in court regarding damage claims involving a criminal offence against its assets, which ended in a landmark tax dispute before the Supreme Court.

Karl has advised and represented a prominent international food manufacturer in internal investigations into fatal and personal work-related accidents.

Karl has advised and represented a well-known international travel agency in internal investigations and in court concerning major proprietary damages caused by the CEO and key employees.

Karl has served as lead counsel in one of Estonia's largest disputes, in which the US sought the extradition of two Estonian citizens accused of extorting USD 575,000,000 from their clients.

Karl has a long and successful track record of working with major companies in the food industry, advising them on litigation and a wide range of other issues relating to planning, construction, contracts, working conditions, accidents at work and dealings with national and local authorities. Thus, Karl is very knowledgeable about EU and national law in this field.

Karl has advised and represented a variety of public institutions, waste management companies, IT companies, construction companies, lawyers, law firms and healthcare providers in financial claims against them.

In addition to dispute resolution, Karl has advised on a number of significant mergers, acquisitions and real estate transactions with a total value of more than EUR 150,000,000.

Karl has presented at the Chancellor of Justice's Selge Sõnum Gala and at several Äripäev conferences, giving presentations on applying for EU grants and on law and case law concerning construction, planning and environmental law.

As an experienced and renowned litigator, Karl has been endorsed throughout his distinguished career by a number of prominent legal publications, including Legal500, Best Lawyers and Chambers Europe.

MOST REMARKABLE CASES

European Court of Justice rulings

• Preliminary ruling of the Court of Justice in C-51/21: M.V. Wool
• Preliminary ruling of the Court of Justice in C-140/08: Rakvere Lihakombinaat (now Maag Eesti AS)

Supreme Court decisions in civil cases

• Civil Case No. 2-16-3785: Representation of Daxin Baltic OÜ (now Krässik OÜ) against Olga Kozlovskaja and Krono Group OÜ
• Civil Case No. 3-2-1-27-13: Representation of AS Suva against Kristiine Ehitus OÜ
• Civil Case No. 3-2-1-138-10: Representation of AS Ekseko (now AS Rakvere Farmid) against OÜ Viru Agro.
• Civil Case No. 3-2-1-8-06: Representation of OÜ Sevari against Vladas Radvilavicius
• Civil Case No. 3-2-1-128-05: Representation of AS Airest against AS Eesti Lennukompanii-ELK Lennuliinid
• Civil Case No. 3-2-1-10-04: Representation of the Republic of Estonia as the 3rd representative
• Civil Case No. 3-2-1-11-03: Representation of Tallinna Kaubamaja Kinnisvara AS as the 3rd representative
• Civil Case No. 3-2-1-91-03: Representation of Tallinna Kaubamaja Kinnisvara AS as the 3rd representative
• Civil Case No. 3-2-1-4-03: Representation of A-Selver AS against Teine Planeet OÜ
• Civil Case No. 3-2-1-68-02: Representation of Tallinna Kaubamaja Kinnisvara AS as the 3rd representative
• Civil Case No. 3-2-1-26-01: Representation of MTÜ Eesti Kinoliit against OÜ Filmimax
• Civil Case No. 3-2-1-12-99: Representation of Balbi AS against Leif Hedlund
• Civil Case No. 3-2-1-69-99: Representation of ETK Mööbel AS against Tõnu Kulla
• Civil Case No. 3-2-1-83-98: Representation of Marquise AS against the Republic of Estonia
• Civil Case No. 3-2-1-106-97: Representation of Tallinna Kaubamaja AS against Hedvig Leidar

Supreme Court decisions in administrative cases

• Administrative Case No. 3-23-2858: Representation of Sergei Potapenko against Rahapesu Andmebüroo
• Administrative Case No. 3-21-125: Representation of Veikko Ulm against Viimsi Municipality
• Administrative Case No. 3-18-81: Representation of Atria Eesti AS against the Veterinary and Food Board
• Administrative Case No. 3-16-2267: Representation of AS Tallinna Vesi against the Government of the Republic of Estonia
• Administrative Case No. 3-3-1-52-13: Representation of the city of Tallinn and the city of Narva against the Government of the Republic of Estonia
• Administrative Case No. 3-3-1-12-12: Representation of Skanska AS against the Estonian Tax and Customs Board
• Administrative Case No. 3-3-1-29-12: Representation of Villa Benita AS against the Estonian Health Insurance Fund
• Administrative Case No. 3-3-1-4-12: Representation of Tõnu Lembra et al against the Tallinn Urban Planning Department
• Administrative Case No. 3-3-1-37-11: Representation of Ekseko AS against the Agricultural Registers and Information Board
• Administrative Case No. 3-3-1-50-11: Representation of Pille Aver against the Ministry of Defence
• Administrative Case No. 3-3-1-80-06: Representation of Ekseko AS against the Agricultural Registers and Information Board
• Administrative Case No. 3-3-1-73-05: Representation of Fennimark OÜ against the Estonian Health Insurance Fund
• Administrative Case No. 3-3-1-1-04: Representation of Autoregistrikeskus against Raivo Kuber
• Administrative Case No. 3-3-1-2-00: Representation of Autoregistrikeskus against Hoiupanga Liisingu AS

Supreme Court decisions in criminal cases

• Criminal Case No. 1-22-7101: Defence of Ivan Turygin in extradition arrest case against the Prosecutor's Office
• Criminal Case No. 3-1-1-15-02: Defence of Ekseko AS against Keskkonnainspektsioon
• Criminal Case No. 3-1-1-119-01: Defence of Ekseko AS against Keskkonnainspektsioon

REMARKABLE COURT AND OUT-OF-COURT DISPUTES

• Representation of a waste management company against the Environmental Board in an out-of-court dispute over an obligation to pay a pollution charge amounting to EUR 3,362,000
• Defence of a sworn advocate in a pre-trial accusation in criminal proceedings and in a civil claim against them in the amount of EUR 2,800,000 until the pre-trial conclusion of the criminal case by the Prosecutor's Office
• Representation of an international construction company as a victim and the plaintiff in a civil claim for proprietary damages by the defendant of EUR 2,060,000
• Representation of an international tourism service provider against the Ministry of Finance and EAS in an out-of-court dispute concerning the incentive effect of an EU grant amounting to EUR 2,000,000
• Representation of a law firm in a claim for damages of EUR 1,458,000
• Representation of an international IT company in an out-of-court dispute against a client claiming damages of EUR 1,000,000 for publicly accessible lottery system data
• Representation of a textile manufacturer against a construction contractor for claims of EUR 880,000 arising from a contract for services
• Representation of a textile manufacturer's subsidiary in a dispute over the recognition of a claim in bankruptcy proceedings of a construction company in the amount of EUR 595,000
• Representation of a public institution against a leasing firm in an out-of-court dispute concerning the illegality of registration transactions of vehicles and trailers in the amount of EUR 581,000
• Representation of an international construction company against the Tax and Customs Board out-of-court and in court in relation to taxation of proprietary damages caused by a criminal offence in the amount of EUR 550,000
• Representation of a public institution against a buyer of vehicles and trailers concerning a claim for proprietary damages caused by registration transactions in the amount of EUR 460,000
• Representation of a pig farmer against a service provider in an out-of-court dispute concerning the performance of a contract and the damage caused by African swine fever in the amount of EUR 400,000
• Representation of an investment company against a seller of immovable property in a claim for the transfer of property for EUR 351,000
• Representation of a landlord against a tenant in a claim for damages amounting to EUR 255,000
• Representation of a food manufacturer in a dispute with the Ministry of Agriculture and the Estonian Tax and Customs Board concerning the EU surplus stock fee in the amount of EUR 210,000
• Representation of a metal structure manufacturer against the Ministry of Finance and EAS in an out-of-court dispute concerning the incentive effect of an EU grant amounting to EUR 200,000
• Representation of a merchant against an international service provider in a claim for debt and default interest arising from an index contract for difference of EUR 231,000
• Representation of an international fuel group against a debtor related to a former member of the board of its subsidiary for the cancellation of loan agreements in the amount of EUR 340,269
• Representation of an international investment firm in an out-of-court dispute with the Financial Intelligence Unit on the legality of the seizure of bank accounts amounting to EUR 20,000,000
• Representation of a milk producer in the restructuring proceedings of AS TERE claiming EUR 331,000
• Representation of a church against a local municipality in a claim for fair compensation for unlawfully expropriated property in the amount of EUR 2,500,000
• Representation of an international fuel group against a buyer of fuel and a surety guarantor of the buyer's obligations arising from a fuel wholesale contract amounting to EUR 396,000
• Representation of an international fuel group in a claim for damages against a former member of the board of its subsidiary and a company related to the member for the improper transfer of money and the breach of duties by the member of the management board amounting to EUR 746,000
• Representation of a public institution against a seller of building materials in a claim for state liability for EUR 473,671
• Representation of an international car dealer against a car dealer who had transferred its business to him in a claim arising from a contract of sale of the business amounting to EUR 470,172
• Representation of an international medical equipment seller in a claim against a buyer under a contract of sale for EUR 235,775
• Representation of an international insurance provider against an employee in a claim for compensation in the amount of EUR 216,000
• Representation of a cryptocurrency mining service provider in an out-of-court dispute against the Financial Intelligence Unit on the legality of the seizure of bank accounts in the amount of EUR 7,570,000
• Representation of an international tourism company in a claim for damages against a former lawyer and his associated companies amounting to EUR 426,000
• Representation of an international tourism company against a former member of the board and CEO in a claim by the latter for the CEO's salary and holiday pay in the amount of EUR 180,000
• Representation of an international tourism company in a claim for damages against a former accountant and their related companies for EUR 692,000
• Representation of an international tourism company in a claim for damages against a former member of the board, their brother and their related companies for EUR 306,000
• Representation of an international tourism company in a claim for damages against a former member of the board for EUR 527,000
• Representation of a pig farmer in challenge proceedings before the Agricultural Registers and Information Board in relation to an exceptional adjustment aid amounting to EUR 550,000
• Defence and representation of citizens of the Republic of Estonia accused by the US of laundering USD 575,000,000 in extradition procedures related to US extradition requests (including verification of the legal admissibility of extradition, seizure of assets, arrest, deciding on extradition, organising defence in the US, disputes with the Financial Intelligence Unit)

CAREER

• 1989–1994 Faculty of Law, University of Tartu
• 1994–present, Estonian Bar Association
• 2021–2023 Admissions and Aptitude Assessment Committee of Estonian Bar Association
• 1994–2006 Teder & Rask (later Teder & Partnerid, Teder Glikman & Partnerid)
• 2006–2016 LEXTAL (currently WIDEN Eesti)
• 2016–2022 Sorainen
• 2022–2024 COBALT

LANGUAGE SKILLS

• Estonian
• English
• Russian

RECOGNITIONS

• Legal500
• Best Lawyers
• Chambers Europe

PUBLICATIONS

• 08.04.2023 Postimees „Ameerika Ühendriikidega ei vaielda“
• 20.01.2023 ERR „Karl Kask: juristieksam, kui platseeboravim“
• 22.09.2022 Äripäev „Advokatuuri kutsesobivuskomisjoni liige: juristieksami seadus riivab põhiõigusi“
• 2021 Äripäev „Raskustes ERIAL püüab enne saneerimist ohjad hoiustajatelt endale haarata“
• 2020 Äripäev „Ida-Viru krüptomiljonärid alistasid raha nõudnud väikeinvestori“
• 2020 ERR „Saneerimisprotsess nõuab võlausaldajatelt tähelepanelikkust“
• 2020 Äripäev „Siga on maetud mujale“
• 2020 Äripäev „Kui appi tuleb Euroopa Kohus“
• 2020 Äripäev „Mida sa haged, kui vennike on paljas nagu püksinööp“
• 2018 Äripäev „Katk niidab tööstust“
• 2018 Äripäev „Ei ole üksi ükski maa“
• 2017 ÄP pollumajandus.ee „Kelle kanda jääb ulukikahju?“
• 2017 ÄP pollumajandus.ee „Kohus annab üldjuhul õiguse keskkonnakaitse eesmärkidest lähtudes“
• 2017 Äripäev „TERE võlausaldajad endiselt ebakindlas olukorras“
• 2017 ÄP pollumajandus.ee „Piimarindel muutusteta“
• 2017 ÄP pollumajandus.ee „Kas TERE tervendamisest on saanud võimatu missioon?“
• 2017 ÄP pollumajandus.ee „TERE sai koondumisloa, mida saavad võlausaldajad?“
• 2017 ÄP pollumajandus.ee „Kas PRIA peab maksma intressi 2.0?“
• 2016 ÄP pollumajandus.ee „Kas TERE on pankrotist pääsenud?“
• 2015 ÄP pollumajandus.ee „Kas PRIA peab maksma intressi?“
• 2015 ÄP pollumajandus.ee „Kuidas kaitsta põllumajandusettevõtte vara?“
• 2015 Äripäev „Meditsiin ei ole maateadus“
• 2013 ÄP pollumajandus.ee „Mis juhtub, kui toetuse taotlemine lõppeb kohtusaalis?“
• 2013 ÄP toostusuudised.ee „SUVA võitis kohtus miljonivaidluse“
• 2012 Äripäev „Skanska pääses poolemiljonilisest maksunõudest“
• 2012 Äripäev „Skanska pääses nõudest“
• 2012 Eesti Ekspress „Tšehhi abi suhkrutrahvi saaga lahendamisel“
• 2012 Eesti Ekspress „Maksuamet tahtis maksustada kuriteo ohvrit“
• 2010 Äripäev, rmp.ee „IT lepinguid sõlmides pöörake tähelepanu autoriõigustele“
• 2009 Äripäev „Riigi võit laovaru vaidluses ei tundu tõenäoline“
• 2009 Äripäev „Ettevõtjatel suur šanss alistada riik lõplikult“