Case study 4 - commercial law - contract - Lithuania

Save as PDF

In this case study on commercial law – contract, Member States were asked to advise the seller on litigation costs in order to consider the following situations:

Case A – National situation: A company delivered goods worth 20.000 euros. The seller has not been paid because the buyer considers that the goods do not conform to what was agreed.

The seller decides to sue to obtain the full payment of the price.

Case B – Transnational situation: A company whose head office is located in Member State B delivers goods worth 20.000 euros to buyer in Member State A. The contract is subject to Member State B’s law and written in Member State B’s language. This seller has not been paid because the buyer located in Member State A considers that the goods do not conform to what was agreed. The seller decides to sue in Member State A to obtain full payment of the price as provided under the contract with the buyer.


Costs of proceedings

Costs in Lithuania

Costs for court, appeals and alternative dispute resolution


Case Study

Court

Appeals

ADR

Initial court fees

Transcription fees

Other fees

Initial court fees

Transcription fees

Other fees

Is this option open for this type of case?

Case A

Stamp duty at 3% percent, but not less than 50 Litas (in real actions where claim does not exceed 100,000 Litas or €29,000)

Participants in a proceeding pay 10 Litas for a repeat copy of a court document, and 1 Litas for each page

The expenses connected with hearing the case: 1) inspection of a location; 2) defendant search; 3) delivering the court documents; 4) satisfying the court judgment; 5) reimbursement for expenses of the curator’s work; 6) other necessary and reasonable expenses

Stamp duty at 3% percent, but not less than 50 Litas (in real actions where claim does not exceed 100,000 Litas or €29,000)

Participants in a proceeding pay 10 Litas for a repeat copy of a court document, and 1 Litas for each page

The expenses connected with hearing the case: 1) inspection of a location; 2) defendant search; 3) delivering the court documents; 4) satisfying the court judgment; 5) reimbursement of the curator’s work; 6) other necessary and reasonable expenses

Yes



Costs for lawyer, bailiff and expert


Case Study

Lawyer

Is representation compulsory?

Average costs

Case A

Lawyer representation is not compulsory.

See section on Legal Profession Fee Regulation above

Case B



Case Study

Bailiff

Expert

Is representation compulsory?

Pre-judgement costs

Post-judgment costs

Is use compulsory?

Cost

Case A

No

No

No. Bailiffs play their role only after the issue of enforcement orders.

Enforcement costs: 1) 600 Litas if size of debt is from 50, 000 Lt (~€15,000) to 100,000 Lt (~€29,000) and  6%, but not less than 4000 Lt, of the executed debt amount as bailiff’s salary, and other enforcement costs, depending on the kind and quantity of execution actions.

2) Bailiff’s salary depends on size of debt.

The court may appoint an expert or expertise for issues that require special knowledge in science, medicine, arts, engineering or craft, subject to the opinion of participants in the proceeding.

An advance surety in an amount established by the court must be paid by the requesting party. The government or an authorised institution establishes the maximum expenses. The court awards payment of the litigation expenses incurred by the successful party to the opposing party, even if the latter is exempt from paying litigation expenses into state funds.

Case B

No

No

Same as in a Case A



Costs for witness compensation, pledge or security and other relevant fees


Case

Study

Witness compensation

Pledge or security

Are witnesses compensated?

Cost

Does this exist and when and how is it used?

Cost

Case A

Yes, the amounts paid to witnesses are added to the expenses connected with hearing the case

See section on Experts’ Fees above.

See section on Experts’ Fees above.

The court must take into account the material situation of the paying party The amount depends on the nature of the procedural action and may not exceed 100,000 Litas

Case B

The same as in national situation

The same as in national situation

The same as in national situation

The same as in national situation



Case

Study

Other fees

Description

Cost

Case A

Other expenses include: 1) the inspection of a location; 2) defendant searches; 3) delivering court documents; 4) satisfying the court judgment; 5) reimbursement for curator’s work; 6) others as necessary and reasonable

See section on Experts’ above. Expenses for a defendant search must be paid by the party that requested a search or the court.

See section on Bailliff’s Fees

A tutor has the right to receive remuneration for representation in line with tariffs and procedure set by government or its authorised institution. Representation costs are borne by the party on which initiative a tutor is appointed, who must pay his or her representation costs in advance

Case B

The same as in national situation

The same as in national situation



Costs for legal aid and other reimbursement



Case

study

Legal Aid

Reimbursement

When and under which conditions is it applicable?

Can the winning party obtain reimbursement of litigation costs?

Case A

Legal Aid is not applicable.

The winning party can obtain reimbursement of litigation costs from the losing party

Case B


Costs for translation and interpretation


Case

study

Translation

Interpretation

When and under what conditions is it necessary?

When and under what conditions is it necessary?

Approximate cost?

Case A

All the court documents and their annexures must be submitted to the court in the state language.

People who do not speak the official language are guaranteed the right to interpretation/translation services during the proceedings.

The court must pay the amounts due to interpreters/translators from the state budget funds.

Case B

The same as in national situation

The same as in national situation



The national language version of this page is maintained by the respective Member State. The translations have been done by the European Commission service. Possible changes introduced in the original by the competent national authority may not be yet reflected in the translations. The European Commission accepts no responsibility or liability whatsoever with regard to any information or data contained or referred to in this document. Please refer to the legal notice to see copyright rules for the Member State responsible for this page.

Last update: 07/06/2019