APRIL 2022

The Court ruled on the tenant's obligation to pay rent during the quarantine period.
 
The team of Vilnius Law Firm SPES defended the interests of the client - the company operating the shopping centre - in a dispute with the tenant who evaded the payment of rent and marketing tax. The tenant of the premises argued that it should be exempted from paying the rent and marketing tax during the period when it could not carry out physical commercial activities in the leased premises due to the restrictions imposed by the Government of the Republic of Lithuania.
 
The Court examining the dispute between the parties stated in a final decision that the tenant was unable to carry out physical trade activities during the assessed period not due to the closure of the shopping centre, but due to the Government's mandatory bans on physical stores. The Court also noted that other activities (electronic commerce, product collection point activities) were possible during the period of the ban on the operation of physical stores. In addition, during the period of the ban on the operation of physical stores established by the resolution of the Government of the Republic of Lithuania, the tenant stored the goods on the premises, therefore the Court did not establish a legal basis for exempting it from rent and marketing taxes.
 
The Court recognized the liability of the owner of the hydroelectric plant for the damage caused to the neighbours.
 
An Attorney-at-Law of Vilnius Law Firm SPES represented a client whose land plot was flooded by a neighbour operating a hydroelectric plant.
 
The owner of the hydroelectric plant will have to compensate the losses incurred by the client of the Firm, regardless of whether the hydroelectric power plant was built and operated legally. The Court clarified that the owner of a hydroelectric power plant must be subject to the strict civil liability established in Article 6.266 of the Civil Code, his guilt must not be established, and the illegality of the actions is related to the violation of the general duty of care and diligence. The owner of a hydroelectric plant causes damage to the owner of an adjacent land plot (floods the adjacent plot with water) even when the legally constructed facilities are operated in accordance with the operating instructions. Thus, although the behaviour of the owner of the hydroelectric plant does not show specific signs of a breach of the law, such conduct is in line with the concept of a general tort, according to which a person is considered to have breached the general obligation to operate facilities on his site without harming others.
 

  • FEBRUARY 2022

    The team of Vilnius Law Firm SPES represented the client in the acquisition of one of the largest shopping centres in Northern Lithuania - 18.500 sq. m. area Panevėžys shopping and entertainment centre “Babilonas”. We are happy with the client development and the opportunity to contribute to their success. More information about the transaction:http...

  • JANUARY 2022

    The cost of action by a disloyal leader is the award of all wrongly earned funds. The Kaunas Regional Court has examined the dispute between the Lithuanian Powerlifting Federation and its former President. The Federation applied to the Court by questioning the honesty and loyalty of the former President in organising the European Powerlifting Championships...

  • OCTOBER 2021

    The dishonest managers of the bankrupt company have been held liable for the company’s bankruptcy. The Attorney at Law of Vilnius Law Firm SPES who represented the creditors of the bankrupt company was able to prove that the company was bankrupt by intentional dishonest actions of its former managers.The Attorney at Law collected the evidence and rev...

  • SEPTEMBER 2021

    The decision of the Supreme Administrative Court of Lithuania: Philipp Kirkorov will not be able to enter Lithuania for five years. The Supreme Administrative Court of Lithuania has examined the dispute according to the complaint of the Russian performer Philipp Kirkorov on the prohibition of the Migration Department to enter Lithuania for five years.The C...

  • JULY 2021

    The administrative court reinstated the illegally dismissed environmentalist The Vilnius Regional Administrative Court annulled the illegal orders of the Director of the Department of Environmental Protection under the Ministry of Environment regarding the imposition of disciplinary sanctions on the head of the Regional Environmental Inspectorate and reins...

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