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 Court found that the Migration Department had reasonably assessed the actions of a known performer as a threat to state security. The Court made the conclusion after evaluating the arguments of the Migration Department that, being a popular performer due to his active concert and organizational activities, Philipp Kirkorov influences various levels of society that can be seen as a tool for spreading Russian “soft power”. The Russian Federation exploits the performer to justify its aggressive foreign policy and negatively indoctrinate the population of the Republic of Lithuania, while he supports the occupation policy of the Russian Federation by his own example and deliberate actions.
An Attorney of Vilnius Law Firm SPES represented the Ministry of Foreign Affairs in the case.
The agent has the right to conclude a transaction with himself/herself on behalf of the principal provided that this does not harm the interests of the principal.

We are happy with the lawsuit won by the Attorney of the Law Firm after having successfully defended the interests of the client who was sued for annulment of the transaction. Acting under the power of attorney, the client of the Firm entered into a transaction with himself on behalf of another person, but in order to benefit his principal.
In the case, the Court presented the conditions of Article 2.134 (1) of the Civil Code providing that an agent may not conclude contracts in principal’s name either with himself or with a person, whom he represents at the given time, as well as his spouse, parents, children or other close relatives.
The Court clarified that transactions entered into by the agent in breach of the Article 2.134 (1) of the Civil Code are disputed but not void transactions. Such transaction can be challenged only after having established a set of legally significant circumstances: (i) the opposition of the transaction concluded by the representative to the interests of the principal; (ii) the operation of the agent in breach of the rights granted; (iii) third party knowledge or need to know about a conflict of interest. Thus, the Court clarified that a transaction may be declared invalid on the grounds if it actually harms the interests of the principal, the principal did not seek such a transaction and the third party with whom the transaction was concluded was dishonest.

  • 2023 KOVAS

    Renginys konkurencijos teisės klausimais

    Sulaukusi susidomėjimo prieš dvejus metus, šiemet diskusijos formatu sugrįžta konferencija „Konkurencijos teisės aktualijos 2023“. Renginio metu bus diskutuojama aktualiausiais Europos Sąjungos ir Lietuvos konkurencijos taisyklių taikymo ir pažeidimų klausimais. Renginyje savo įžvalgomis...

  • JULY 2022

    An Attorney-at-Law of Vilnius Law Firm SPES defended the client’s interests in a dispute regarding compensation for losses upon conclusion of a replacement contract. The client was sued for alleged losses due to non-fulfilment of the contract, as a result of which the claimant had to enter into a replacement contract. An Attorney-at-Law of the Firm p...

  • JUNE 2022

    An Attorney-at-Law of Vilnius Law Firm SPES successfully represented and defended the interests of client - ex-spouse of the head of the bankrupt company - in litigation with the insolvency administrator of a bankrupt company, who claimed that the client’s real estate purchase transaction was fraudulent because of the subject and sought to direct the debt...

  • MAY 2022

    An Attorney-at-Law of Vilnius Law Firm SPES successfully represented and defended the client’s interests in the Supreme Court of Lithuania. The Court of Cassation put an end to the dispute between UAB “Ecoservice” and one of the regional waste management centres. The Court clarified the supplier’s interest in disputing the amount of fund...

  • 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 ...