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.
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...
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