Our firm has represented the real estate holding in regulatory litigation against General Prosecutor Office. Vilnius District Court has investigated a civil case in the open session according to the claim of the General Prosecutor Office to the defendants – a former national airlines and to the client – real estate holding pursuing to cancel the real estate acquisition transfer documents. The claim of the General Prosecutor was grounded on consideration that all the real estate transfer documents were part of the scheme to circumvent mandatory provisions of laws prohibiting the sale of such real estate and therefore were in breach of such mandatory norms, consequently – null and void ab initio.
Our lawyers argued against the claim and pleaded the real estate holding’s position that all required formalities for the purchase of buildings had been done and the contractual obligations had been implemented conscientiously.
As partner Ramūnas Audzevičius emphasized: “This case because of its complexity and specific issues related to public interest and the rights of Prosecutor’s office to defend it has a significant influence on the practice of Lithuanian Courts. It shows the willingness of the court to extend the doctrine of res judicata in cases when the public interest was defended not only to the concrete institution, which defends it (Ministry of Finance and Prosecutor’s office), but to the state as a whole, where institutions defending public interest, although legally separate, are both state institutions.”