Motieka & Audzevičius has represented a Lithuanian limited liability company acting in the energy sector and an investor from the Netherlands in a dispute with the Republic of Lithuania.
The dispute arose out of the measures taken by the Lithuanian Government, through its Ministry of Environment, Ministry of Economy, and various public commissions and inspections, including the State Territorial Planning and Construction Inspectorate and even the Prosecution Service of the Republic of Lithuania against the investors’ business and operations in the area of Vilnius City, the capital of Lithuania. These measures have included the imposition of unreasonable delays and unprecedented regulatory obstacles designed and implemented with the aim of preventing the investors from finishing the construction of a thermal power plant for the burning of city waste. As a result of the measures, the rights held by the investors have been rendered virtually worthless and the investors’ investments in Lithuania have been effectively destroyed.
Due to the latter, the firm filed a Notice of Intent to Arbitrate the dispute under the Energy Charter Treaty and the Lithuania-Netherlands BIT. Moreover, the firm has filed a complaint with the European Commission.