We represented our client in a civil dispute regarding the institution of a judicial pledge (hypothec) against a property owned by the client. The appellate court having heard the case, inter alia, upheld the conclusion of the court of first instance stating that by its decision, a court has the right to institute a judicial pledge (hypothec) against an immovable property of a debtor only if all of the following conditions exist: 1) there is an existing claim for the recovery of money upheld by a court decision; 2) a creditor’s request for the institution of a judicial pledge (hypothec) has been filed with court (except in exceptional cases provided for by law, where court has the right to institute a judicial pledge (hypothec) ex officio); 3) there shall be an existing basis for enforcing a judicial pledge (hypothec) enshrined in the CC (e.g. Article 3.197 of the CC, Article 5.71); 4) the immovable property against which a judicial pledge (hypothec) is pursued shall be owned by the debtor. Only in presence of the totality of these conditions a court shall be able to institute a judicial pledge (hypothec) by its decision. In this present case, the applicant has not filed a claim for the adjudgment of a debt, so that, despite the possible existence of a debt, the court had no basis to uphold the applicant’s claim regarding the institution of a judicial pledge (hypothec). The appeal was dismissed, adjudging the compensation of litigation expenses for the benefit of the client.
We defended rights and legitimate interests of our client – consumer – in a contractual dispute having arisen from the performance of a service contract. Having heard the case, the court noted in its decision, inter alia, that one of the aspects of compliance of a consumer contract conditions with the general criteria of fairness is the assessment of their transparency, i.e. whether or not a consumer finds contract terms and conditions to be clear and understandable, whether the entrepreneur has provided the consumer with all the relevant information necessary to conclude a contract. Non-transparent contract conditions cannot be considered fair, because a consumer who does not understand terms and conditions of a contract or does not have all the information important in making a decision is unable to make an appropriate decision. Having assessed the terms and conditions of the contract submitted by the applicant, the court determined that some of them can be considered unfair and therefore declared them invalid. Moreover, having analysed the evidence available in the case, the court recognized that there is no proof of the fact that the client has actually ordered the services indicated by the applicant, and that the applicant carried them out and transferred them properly. The claim was dismissed as unfounded, adjudging the compensation of litigation expenses for the benefit of the client.
We represented our client in an official dispute with his employer - a public administration entity – regarding the cancellation of an order, his reinstatement and the related requirements. Having heard the case, the Regional Administrative Court stated in its decision, inter alia, that the Law on Civil Service guarantees the right of a civil servant, whose position is being wound up, to be appointed to another equivalent civil service position, or, in the absence of such a position, and if a civil servant agrees thereto - to a lower grade position. A failure to fulfil this duty of an employer, i.e. a failure to make a proposal to take a vacant (current or anticipated) career position of a civil servant and/or, in presence of a civil servant’s consent, a failure to appoint him for the position, is normally an independent basis for declaring the dismissal of such a civil servant unlawful. The court admitted that the employer, the public administration entity, failed to fulfil the said duty. Moreover, the court concluded that the assessment of the client’s official activities was carried out in violation of the requirements of legal acts (material procedural violations). The client’s claim was upheld for the most part: the disputed order of the employer was cancelled, the client was reinstated, adjudging to him his average salary for forced absenteeism, and a compensation of non-pecuniary damage.
The Supreme Administrative Court of Lithuania upheld the judgement of the regional administrative court favourable to our client in the administrative case according to the client’s complaint against the State Tax Inspectorate. The Chamber of Judges in its ruling has noted that the decision of the tax administrator is an individual legal act (individual a...
We successfully represented interests of the provider of the bail at the Supreme Court of Lithuania in solving the question of the repayment of the financial bail in criminal case. The panel of judges noted that a pre-trial measure - financial bail – cannot be a means of securing a civil claim, nor can it serve the purposes of criminal punishment. The Sup...
We successfully represented our client, i.e. district heat supplier, in the civil case concerning declaration of disconnection from the district heating system unlawful and obligation to connect to the district heating system adjudicated by the Supreme Court of Lithuania. The chamber of judges of the court of cassation which has heard the case has, inter alia, ...
We represented a contracting authority in a public procurement case for the annulment of its decisions. The panel of judges of the Civil Division of the Court of Appeal of Lithuania having heard the case in an appellate procedure noted, inter alia, that when preparing their tenders for the procurement of goods, suppliers must follow official recommendations and...
The chamber of judges of the Civil Division of the Court of Appeal of Lithuania upheld the judgement of the regional court which was favourable to the client of the law firm in the civil case concerning annulment of the construction completion declaration and the contract, application of restitution and other heads of claim. The dispute in the case in question ...