Tender for the implementation of waste utilisation activities

Law firm Motieka & Audzevičius successfully represented a client that had participated and won the state procurement tender for the implementation of waste utilization activities in a case heard by the Supreme Court of Lithuania.

The case was initiated in a lawsuit filed by one of the suppliers, which had not won in the tender. The courts of both first and appellate instances were not favorable for the client, but the Supreme Court of Lithuania saw the true value of our arguments and doubted the decisions of the lower courts.

Considering this, the cassation court suspended the trial and addressed to the Court of Justice of the European Union. This case has no precedents in Lithuania – the Supreme Court of Lithuania has never commented on the possibility of participation of affiliate companies in the same state procurement. Case law of the Court of Justice of the European Union is not sufficiently developed in this regard; therefore, we will be the first ones to create such a precedent both in the Supreme Court of Lithuania and in the Court of Justice of the European Union.