Vilnius municipality again failed to reach more than 10 million. seizure of the property of the former construction contractors of the Lazdyna Basin worth EUR.
On December 12, the Lithuanian Court of Appeals rejected the municipality's complaint regarding asset seizure in the dispute with MG Group's construction company Mitnija, Axis Power, an industrial and energy project company managed by the Icor concern, Montuotojas and HSC Baltic companies.
The court left unchanged the decision of the Vilnius District Court of August 8.
"The court of first instance, which carried out a detailed assessment of the financial situation of the defendants (construction companies - BNS) and came to a conclusion (...) did not make a mistake", the Court of Appeal decided.
The municipality terminated the contract with the consortium of companies in 2020, and after the court finally recognized the decision as legal, it aims to claim millions in damages and damages.
The municipality asked the court to jointly and severally award 10,047 million from the companies. EUR losses and 6 percent. annual interest, as well as seizing their immovable and movable property of such value, and if it is not enough - also the funds allowing settlements to be made only with the municipality, as well as paying taxes to the state.
The municipality stated to the Court of Appeal that the court of first instance made its decision based only on the companies' declarative statements and did not properly assess its fear that the companies are currently wasting their assets.
"The court did not comment on the Civitta conclusion submitted by the plaintiff (municipality - BNS), confirming the defendants' (construction companies - BNS) deliberate waste of property, its transfer and/or other restraint. "Civitta concluded that the financial risks of the defendants increased (…) and their dishonest actions determined that they are partially unable to fulfill a court decision in favor of the possible plaintiff," the municipality stated to the court.
At that time, the former contractors assured that they were acting honestly and emphasized that freezing such an amount would harm their business.
"The arrest would basically stop the activity of any entity (purchases of raw materials, settlements with suppliers, subcontractors, employees would not be possible, which would lead such an entity to bankruptcy as a result)", HSC Baltic emphasized to the court.
"The presumption of honesty applies in civil law, which means that every person is considered honest until proven otherwise," the court emphasized.
The Supreme Court of Lithuania (LAT) announced in November 2021 that the Vilnius authorities had legally terminated the contract for the construction of the Lazdynai basin with the liquidated company "Active construction management" (formerly "Irdaiva") and its partners.
In the beginning of 2020, the management of Vilnius terminated the 2016 million contract signed in December 21,8. euro contract after the contractors refused to continue the work.
According to the contract, Active Construction Management was the main partner of the group - its contribution was to reach 65 percent, HSC Baltic - 15 percent, Axis Power - 10 percent, Mitnijos and Montuotojo - 5 percent each.
According to the municipality, according to the original pool contract, the complex was to be built for a fixed price of 25,9 million. an amount of EUR 14,5 million was paid to former contractors for the work. euros.
Construction of the Lazdynai basin was officially completed in January 2023. The construction of the swimming pool was completed by the Panevėžys Construction Trust.
The author is Goda Vileikytė
Editor Roma Pakėnienė
[email protected], Business News Section
