The court will re-examine the dispute between the state-owned Lithuanian Radio and Television Centre (Telecentras) and the real estate (RT) development company Darnu Group regarding 324 thousand euros in compensation for neglected buildings in Vilnius, Viršuliškės.
On May 6, the Lithuanian Court of Appeal overturned the Vilnius Regional Court's decision of November 21 last year - the latter rejected Telecentras's complaint for compensation - and remanded the case for retrial.
"The court of first instance did not examine in detail and did not evaluate the evidence submitted by the parties to the case, on which they based the condition of the structures at various periods, and did not determine the extent to which the condition of the structures had deteriorated at the time when they were in the actual management of the defendant ("Darnu group" - BNS), nor did it assess the extent of damage (defects) to specific structures," the Court of Appeal stated.
"The determination of the above circumstances is significant in deciding on the (un)justification and scope of the claim to award the defendant the monetary equivalent of the damaged part of the property," he added.
Telecentras argued to the courts that the Vilnius Regional Court had unreasonably rejected the company's complaint.
"The evidence presented confirms that the condition of the buildings deteriorated from the moment they were transferred to the defendant ("Darnu group" - BNS) until their return and (...) the direct cause was the defendant's unlawful inaction - neglect of the buildings, and not normal depreciation of the property," Telecentras told the appeal court.
In turn, according to Darnu Group, the buildings were returned to Telecentrum in the same condition as they were at the time of contract termination.
"The court (district – BNS) made a reasonable and lawful conclusion that the defendant (Darnu group – BNS) had the right to manage, use and dispose of the buildings at its discretion, including the right not to use them for their intended purpose and not to improve them," the real estate development company said.
BNS wrote that in 2015, Telecentras sold buildings on state-owned land on Tujos Street to Darnu Group for 6,2 million euros, and the real estate development company planned to build a residential block there.
However, when the National Land Service (NLS) refused to change the tenant of the plot, the buyer had the right to terminate the contract, but the parties argued in court for eight years.
After the Supreme Court of Lithuania ordered restitution in January last year, Telecentras paid almost 7,95 million euros with interest to Darnu Group, and the latter returned the land plot and buildings in Viršuliškės to the company.
Author Algimantė Ambrulaitytė
