One million from the state for the benefit of seven persons

In order to protect the public interest, the prosecutor of the General Prosecutor’s Office applied to the Administrative Court of Regions with a request to jointly and severally award almost 1 million from the State of Lithuania and the municipality of Neringa in favor of seven persons. Eur (923,030, 43 Eur).

Klaipėda District Court in 2009 April 10 by decision satisfied the claim of the Prosecutor General of the Republic of Lithuania. The court recognized as invalid the decisions of the Neringa Municipality Council in 2002. the decision that approved the land plot located in Juodkrante, L. Rėzos st. 1A, detailed plan, 2004 the construction permit issued by the said municipality to build a yacht club, fish restaurant, yachtsmen’s hotels, other documents approved by the head of Neringa Municipality and Klaipėda County, on the basis of which construction and reconstruction were carried out in the said territory.

Also, the court declared invalid the 2004 and in 2006 concluded a purchase and sale agreement and applied restitution in kind, obliging the builder – the company “Verslo investijcių projektų centras” to compensate natural persons for the amounts they paid for the purchased property. The court also ordered the builders to demolish the two yachtsmen’s hotels and the fish restaurant located on this plot within 12 months from the date of entry into force of this decision.

in 2013 in May, the court decision regarding the demolition of the fish restaurant was implemented, but the demolition of the yachtsmen’s hotels has not been implemented until now.

in 2020 In December, the Klaipėda District Court, changing the order of execution of the decision in this case, noted that the State Spatial Planning and Construction Inspectorate, which took over the responsibilities of the bankrupt company “Verslo investijcių projektų centras” to demolish yachtsmen’s hotels, will only be able to do so after they no longer live in the demolished buildings. the above-mentioned persons who have purchased housing, that is, the funds awarded by the court decision will be paid and the issue of eviction of residents will be resolved.

By the decision of the Vilnius District Court on February 14, 2022, the company “Business Investment Project Center” was recognized as liquidated due to bankruptcy and deregistered from the register of legal entities, for natural persons according to the Klaipėda District Court’s 2009 the amount of EUR 923,030.43 remained unpaid after the decision. According to court decisions, if the obligation of the liquidated debtor, that is, the company “Business Investment Project Center”, according to the Klaipėda District Court’s 2009 April 10 the decision made in the civil case to pay the awarded funds to the residents will not be executed, no further steps in the enforcement process are possible. This allows us to conclude that the court decision cannot be executed in such a case.

Klaipėda District Court in 2009 April 10 the fulfillment of the legally binding decision, made according to the prosecutor’s claim in defense of the public interest regarding the preservation of the Curonian Spit as a cultural landscape inscribed on the UNESCO list of cultural heritage, is in the public interest. The Constitutional Court of the Republic of Lithuania has repeatedly emphasized in its jurisprudence that court decisions that have entered into force are binding on all state government and management institutions, all legal entities and natural persons.

The Court of Appeal of Lithuania stated that in a specific case, natural persons are not prevented, after the end of the bankruptcy process of the company Verslo investijcių projektų centras, to request compensation from the guilty persons in the event that their financial claim in the bankruptcy case is not satisfied.

The Supreme Administrative Court of Lithuania has already stated in the examined administrative cases that the guilty persons in this situation are the State of Lithuania, represented by the State Territorial Planning and Construction Inspectorate, and the Neringa Municipality, represented by the Neringa Municipal Council and the Neringa Municipality Administration.

In order to ensure that the decision in the civil case initiated by the Prosecutor General defending the public interest regarding the preservation of the Curonian Spit as a cultural landscape included in the UNESCO cultural heritage list is fulfilled and thus the public interest is actually protected, the Prosecutor of the General Prosecutor’s Office applied to the court with a request for damage, almost 1 million EUR, salary for seven property owners.

General Prosecutor’s Office inf.