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 revealed to the court that in preparation for the company’s bankruptcy and in order to avoid settlement with creditors, its former managers transferred the company’s activities to another legal entity, transferred the shares of the company fictitiously, and allegedly appointed a non-existent person as manager.
After having examined the case, the court declared the bankruptcy of the bankrupt company as intentional. The court not only found that there had been a transfer of activities, but also clarified that by fictitiously transferring shares to persons who did not intend to continue their activities, the former shareholders had entered into a transaction detrimental to the company and thus reduced creditors’ ability to satisfy their claims.
 
The court settled a dispute over the fulfilment of the retail premises lease agreement during the quarantine period.
 
The Attorney at Law of Vilnius Law Firm SPES defended the interests of the customer - the owner of the shopping centre in a legal dispute with a tenant of commercial premises.
The dispute arose over the tenant’s performance of its duties during the quarantine regimen established by the Resolution No. 1226 “On announcement of the quarantine in the territory of the Republic of Lithuania” of the Government of the Republic of Lithuania. The said Resolution has restricted the activity for the companies engaged in retail trade in clothing and accessories, as well as operating in shopping centres in the entire territory of the Republic of Lithuania from 7 November 2020. The Resolution (with later amendments of the Resolution No. 1226) prohibited the activities from 16 December 2020 to 18 April 2021. The tenant decided not to pay rent unilaterally during the entire period of activity prohibition and the landlord (customer of the Law Firm) has terminated the lease agreement.
After having examined the case, the court explained that the prohibition of trading activities established by the Resolution of the Government of the Republic of Lithuania was intended to the tenant - salesman, but  not to the landlord – shopping centre, i. e., this prohibition did not imply an obligation to close the shopping centre. In the absence of the fault of the landlord due to the restriction of the activities of the tenant, the tenant cannot be released from the obligation to pay the rent.

  • 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...

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  • JUNE 2021

    The Supreme Administrative Court of Lithuania clarified the principles of pricing municipal waste management services. We represented the client, the organizer of the waste management system, in a dispute with consumers who tried to prove that the municipal waste management fee should be calculated only on the basis of the amount of waste actually delivere...

  • MAY 2021

    The court settled a dispute concerning the unjustified imposition of VAT on the vehicle purchase transaction The lawyer of the Vilnius law firm SPES managed to defend the client’s interests in a dispute with the tax administrator concerning the unjustified imposition of VAT on the vehicle purchase transaction.The client of the firm acquired a vehicle...

  • APRIL 2021

    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 clarifi...

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