The court has ruled on the legality of the contracting authority’s decision to terminate the procurement procedure
Attorney at Law of Law Firm SPES has managed to prove in court that the decision of the contracting authority to terminate the public procurement procedure was legitimate.
Court of Appeal of Lithuania, which examined the case, has clarified that public procurement is not self-purpose per se; new circumstances may transpire once the procurement procedure commences, as a result of which the objective will not be achieved as stated, such as, for instance, when the contracting authority loses the source of funding, the objective need for the product sought to procure disappears, and so forth; in these situations the contracting authority shall have the right to terminate the procurement procedure under the conditions established in the Law on Public Procurement. Disregarding such circumstances and continuing the procurement procedure would mean that the contracting authority is under an obligation to acquire redundant goods and, accordingly, to use the funds allocated for purchases in an irrational manner.
The supplier’s appeal has been dismissed and the litigation costs have been awarded to the client of the law firm.
Conference on European and Lithuanian competition law issues
Henrikas Celencevičius, an Attorney at Law of Law Firm SPES and Chairman of the Competition Law Committee of the Lithuanian Bar Association, participated in the organization of a conference on European and Lithuanian competition law issues organized by the Competition Law Committee of the Lithuanian Bar Association. Henrikas Celencevičius is to give an introductory speech, to read a report titled “Guarantees and expectations relating to the rights of inspection participants”, and to participate in the discussion “Defense possibilities and limits of rights exercise in the context of the investigations carried out by the Competition Council”.
Over the four hours assigned for the conference, not only will listeners be able to hear presentations from legal experts but also to watch live discussions, during which professionals in their chosen field are going to share relevant insights and arguments as to competition law, discuss the most important amendments to the Law on Competition, present their own assessments or review the innovations and emerging challenges in the field of European competition law.
The event will be broadcast on the Vimeo account of the Lithuanian Bar Association. Attached is a link to the broadcast. Questions can be presented to the participants in the discussion during the broadcast in the comments area.
The conference is intended for everyone, not only for lawyers, but also for companies, non-profit organizations, residents, and university or college students interested in competition law.
The event is free. The broadcast is due to start on 7 May this year at 9 a.m. You are most welcome to participate!
The Court has clarified the conditions under which an agreement on default interest may be deemed contrary to public order (Article 1.81 of the Civil Code). Attorney at Law of law firm SPES has successfully defended the right of the client (creditor) to claim 0,2% default interest from the debtor as specified in the contract. In the case in question, ...
The Court has ruled on lawfulness of the contracting authority’s decision on termination of the procurement procedures. An attorney-at-law of Vilnius law firm SPES managed to prove in court that the Central Contracting Authority, in making the decision to terminate the public procurement procedures, did not violate the requirements of legal acts.In t...
The Supreme Administrative Court of Lithuania spoke on the allocation of the burden of proof in tax disputes between the parties.The Attorney at Law of Vilnius law firm SPES successfully represented the client in the Supreme Administrative Court of Lithuania during the tax dispute.The dispute in the case arose because the tax administrator, through property app...
The court spoke on the importance and consequences of (not)contesting the conditions of public procurement. We defended the client’s interests in a public procurement case heard by the Lithuanian Court of Appeal. In its decision, the appellate court noted, among other things, that the procurement documents must be accurate, clear and unambiguous. The cont...
The Court clarified in the public procurement case that a tender with a negative value shall not, in its own right, be considered as illegal Attorney-at-law of Vilnius law firm SPES succeeded in convincing the court that the Central Procurement Organisation implemented legal and transparent public procurement procedures, which resulted in contract being aw...