Dispute regarding application of interim measures in public procurement procedures

Our team has successfully represented one of the major safe printing companies in the Baltic States. The dispute concerned the application of interim measures in public procurement procedures.

By filing the claim and requesting to apply interim measures, the only client‘s competitor sought to suspend public procurement procedures and to become the only possible supplier of contracting authority by a negotiated procedure without prior publication. The claimant argued that it has a patent for the process of manufacturing the product of public contract, which technical specifications were set in Lithuanian standard implemented by the National Standards Body. Thus, the claimant argued that the client breached the patent rights of the claimant.

However, the Lithuanian Court of Appeal has dismissed the request to apply interim measures. The court stated that the application of interim measures would have granted a monopoly to the applicant and thereby would have violated the public interest. What is more, the court stated that the claim lacks of prima facie case, thus, there is no grounds to apply interim measures at all.