Motieka & Audzevičius has represented the bankrupt Lithuanian national air carriage company flyLAL in the dispute where the bankrupt air carriage company flyLAL claims for huge amount of damages (over 57.4 million EUR) caused by „Air Baltic Corporation“ and Riga International Airport.
The factual basis of the claim is that „Air Baltic Corporation“ has entered into anticompetitive agreements with the Riga International Airport, as a consequence receiving considerable rebates which enabled „Air Baltic Corporation“ to engage in predatory pricing. As a result, a bankrupt air carriage company flyLAL had to withdraw from the market.
In this complex private enforcement litigation, the respondents tried to abolish interim measures despite the preliminary ruling of the European Court of Justice adopted on 23 October 2014, which allowed to pursue seizure of the real estate and other assets and property rights in the amount approaching 58 million euros stating, that interim measures must be recognized and enforced in Latvia in accordance with the Brussels I regulation.
The Lithuanian Court of Appeal has dismissed the respondents’ appeal and upheld the seizure of respondents’ property in the amount of 57.4 million Euros.