Financing dispute in the Energy sector

Motieka & Audzevičius has represented the operator of Lithuania’s natural gas transmission system in a dispute regarding the legality of legislation on the financing scheme of a Liquefied Natural Gas Terminal. The Court of Appeal came to the decision to stay the proceedings and submit a request to the Constitutional Court to examine whether the provisions of the Law on the Liquefied Natural Gas Terminal complies with the Lithuanian Constitution. However, the Constitutional Court refused to accept the request of the Court of Appeal and provided an important explanation on the possibility of challenging these provisions. This explanation is very favorable to the Client since it approves the Client’s main arguments and provides the basis for further proceedings.

In this constitutional process Motieka and Audzevičius has acted as amicus curiae, submitting essential arguments regarding the possibility to examine the above-mentioned Court of Appeal request in the Constitutional Court.

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