Our Dispute Resolution team has successfully represented a leading waste management company in Lithuania before the national courts of all instances. The Supreme Court of Lithuania in two very similar cases upheld the judgments of the Court of Appeal in favour of the client.
In these cases, the Supreme Court of Lithuania resolved a specific situation in the public procurements where a company / tenderer (our client), which was fined by the Competition Council, challenged only the amount of the fine, but did not contest the fact that Article 5 of the Law on Competition had been infringed.
The other party to the proceedings tried to convince the Supreme Court of Lithuania that our client, challenging the Competition Council’ resolution only partially, is considered to have committed grave professional misconduct and therefore should be eliminated from the public procurements.
However, our team provided a wide range of arguments and evidence, which demonstrated that our client had not committed grave professional misconduct and should not be eliminated from the public procurements. The Supreme Court of Lithuania supported the Motieka & Audzevičius team’s position and dismissed the appeals in cassation brought by the opposing party.