Our firm has represented a client in the Supreme Court of Lithuania. The Supreme Court has reviewed the case for the third time, after the case had been returned to the Court of Appeal for the further investigation of factual circumstances in more detail. The case deals with an actio Pauliana request for the annulment of multiple money transfers made under a contract, which is not being challenged itself. The case formed a precedent regarding the standard of evidence required to validate the illegality of such transactions.
The case is significant to the client and to the case law of Lithuania in general. The significance to the client manifests itself in the subject matter of the case, which was the return of over one million euros to the claimant. The significance to the case law of Lithuania lies in the evaluation of the arguments presented by the parties. In this case, the claimant did not challenge the contract as such, but the particular money transfers made under the contract, and the case allowed the forming of a precedent regarding the standard of evidence required to validate the illegality of such transactions.