Our team has successfully represented our client (as a defendant) before the Klaipėda Regional Court in a civil case brought by the State Tax Inspectorate.
In this case, the State Tax Inspectorate (as a creditor) requested the Court to annul the share purchase agreement concluded by its debtor (as a seller) and our client (as a purchaser) on the grounds of actio Pauliana (i. e. the right of a creditor to dispute transactions made by its debtor) and claimed for the restitution.
During proceedings, our team submitted detailed and convincing arguments showing that the claimant failed to establish the existence of all the cumulative conditions necessary to uphold the actio Pauliana.
After hearing the case, Klaipėda Regional Court agreed with this Motieka & Audzevičius position and clearly stated that the transaction (share purchase agreement) concluded by our client have not compromised the interests of the State Tax Inspectorate (the creditor). It constituted sufficient basis to dismiss its actio Pauliana in its entirety.