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Small claims - Lithuania


PROCURAR TRIBUNAIS/AUTORIDADES COMPETENTES

O motor de pesquisa abaixo permite procurar tribunais e autoridades competentes para um instrumento jurídico europeu específico. Nota: nalguns casos excecionais, a competência não pode ser determinada.

Lituânia

Processos europeus transfronteiriços - Ações de pequeno montante


Article 25 1 (a) Competent courts

Article 25 1 (b) Means of communication

Article 25 1 (c) Authorities or organisations providing practical assistance

Article 25 1 (d) Means of electronic service and communication and methods for expressing consent for thereof

Article 25 1(e) Persons or professions, obliged to accept service of documents or other written communications by electronic means

Article 25 1 (f) Court fees and the methods of payment

Article 25 1 (g) Appeal procedure and courts competent for an appeal

Article 25 1 (h) Review of the judgment procedure and courts competent to conduct such a review

Article 25 1 (i) Accepted languages

Article 25 1 (j) Authorities competent for enforcement

Article 25 1 (a) Competent courts

Pursuant to Article 26 of the Law, cases involving the European small claims procedure are heard by district courts in accordance with the rules on territorial jurisdiction laid down in the Lithuanian Link opens in new windowCode of Civil Procedure. Up-to-date information on the Lithuanian courts and their contact details can be found in the European Judicial Atlas in Civil Matters.

Article 25 1 (b) Means of communication

Procedural documents may be submitted to the court directly, by post or in electronic format using electronic means of communication (Article 1751(1) of the Code of Civil Procedure). The Procedure for submitting procedural documents to court and their service on persons using electronic means of communication (‘the Procedure’) was approved by Order No 1R-332 of the Lithuanian Minister for Justice of 13 December 2012. Paragraphs 3–4 of the Procedure lay down that the public electronic services (VEP) subsystem of the Lithuanian Court Information System (LITEKO) must be used for the submission of procedural documents to court using electronic means of communication. LITEKO VEP subsystem accounts can be accessed through the electronic services portal of the Lithuanian courts: Link opens in new windowhttps://www.e.teismas.lt.

In accordance with paragraph 5 of the Procedure, individuals connecting to a LITEKO VEP subsystem account must confirm their identity. This can be done:

- using the means provided by the national information system through which persons are provided with institutional public and administrative electronic services in accordance with procedures laid down by law;

- using the connection data identifying the individual as provided by a court.

Article 25 1 (c) Authorities or organisations providing practical assistance

Pursuant to Article 271 of the Law, the practical assistance and information referred to in Article 11(1) of the Regulation are provided to the parties to proceedings by bodies that provide primary State-guaranteed legal aid. Article 15(1) of the Law on State-guaranteed legal aid lays down that persons wishing to obtain primary legal aid must apply to the executive institution of the municipality of their declared place of residence or, where a person has no declared place of residence, to the executive institution of the municipality where the person lives. The list of bodies that provide primary legal aid is available on the following website: Link opens in new windowhttp://www.teisinepagalba.lt/en/pirmine/tm/wheretoapply/.

Article 25 1 (d) Means of electronic service and communication and methods for expressing consent for thereof

Pursuant to Article 1751(9) of the Code of Civil Procedure, courts use electronic means of communication to serve procedural documents on attorneys-at-law, assistant attorneys-at-law, bailiffs, assistant bailiffs, notaries, State and municipal undertakings, institutions and organisations, financial institutions, insurance and audit undertakings, judicial experts, bankruptcy administrators and restructuring administrators. Documents are also served by electronic means on persons who are obliged under legislation or under an agreement concluded by the manager of the Court Information System to receive procedural documents by electronic means. Courts use electronic means of communication to serve procedural documents on other persons where, in accordance with the procedure set out in the Code on Civil Procedure, they have expressed a wish to receive procedural documents by electronic means and have provided the requiste contact details.

In accordance with Article 111(2)(3) of the Code of Civil Procedure, each of the procedural documents of a participant in a case must indicate the means of serving the procedural documents on the participant. This provision must be applied in conjunction with Article 13(3) of the Regulation.

In accordance with paragraph 22 of the Procedure, where procedural documents are to be served on a person by electronic means, the documents are sent to the addressee's account in the LITEKO VEP subsystem. A participant in the proceedings is informed of this by means of an electronic notification on their LITEKO VEP subsystem account and via the e-mail address provided. LITEKO VEP subsystem accounts can be accessed through the electronic services portal of the Lithuanian courts:Link opens in new windowhttps://www.e.teismas.lt

Article 25 1(e) Persons or professions, obliged to accept service of documents or other written communications by electronic means

Pursuant to Article 1751(9) of the Code of Civil Procedure, courts use electronic means of communication to serve procedural documents on attorneys-at-law, assistant attorneys-at-law, bailiffs, assistant bailiffs, notaries, State and municipal undertakings, institutions and organisations, financial institutions, insurance and audit undertakings, judicial experts, bankruptcy administrators and restructuring administrators. Documents are also served by electronic means on persons who are obliged under legislation or under an agreement concluded by the manager of the Court Information System to receive procedural documents by electronic means. Courts use electronic means of communication to serve procedural documents on other persons where, in accordance with the procedure set out in the Code on Civil Procedure, they have expressed a wish to receive procedural documents by electronic means and have provided the necessary contact information.

In accordance with Article 111(2)(3) of the Code of Civil Procedure, each of the procedural documents of a participant in a case must indicate the means of serving the procedural documents on the participant. This provision must be applied in conjunction with Article 13(3) of the Regulation.

In accordance with paragraph 22 of the Procedure, where procedural documents are to be served on a person by electronic means, the documents are sent to the addressee's account in the LITEKO VEP subsystem. A participant in the proceedings is informed of this by means of an electronic notification on their LITEKO VEP subsystem account and via the e-mail address provided. LITEKO VEP subsystem accounts can be accessed through the electronic services portal of the Lithuanian courts:Link opens in new windowhttps://www.e.teismas.lt

Article 25 1 (f) Court fees and the methods of payment

In accordance with Article 27 of the Law, European small claims procedures are subject to court fees as laid down in Article 80(1)(1) of the Link opens in new windowCode of Civil Procedure. Under Article 80(1)(1) of the Link opens in new windowCode of Civil Procedure, the court fees payable for each claim in a pecuniary dispute is calculated on the basis of the amount of the claim. Under the European Small Claims Procedure, a court fee of 3% of the amount of the claim is payable, with a minimum payment of EUR 20.

The court fees may be paid by bank transfer into the State Tax Inspectorate budgetary holding account. All relevant up-to-date information is provided on the State Tax Inspectorate’s website: Link opens in new windowhttp://www.vmi.lt/.

Article 25 1 (g) Appeal procedure and courts competent for an appeal

In accordance with Article 29 of the Law, court judgments issued under the European Small Claims Procedure may be contested through appeal proceedings. Pursuant to Article 301(3) of the Code of Civil Procedure, cases being brought under appeal proceedings relating to district court judgments that are not yet final are heard by regional courts. Article 307(1) of the Code of Civil Procedure lays down that an appeal may be brought within thirty days of the day of adoption of a judgment by the court of first instance.

Up-to-date information on the Lithuanian courts and their contact details can be found in the European Judicial Atlas in Civil Matters.

Article 25 1 (h) Review of the judgment procedure and courts competent to conduct such a review

In accordance with Article 30(1) of the Law, a court judgment issued under the European Small Claims Procedure is reviewed, in the cases referred to in Article 18(1) of the Regulation, by the court that issued the judgment.

Article 25 1 (i) Accepted languages

The language accepted for the certificate referred to in Article 20(2) of the Regulation is Lithuanian.

Article 25 1 (j) Authorities competent for enforcement

In accordance with Article 31(1) of the Law, a court judgment issued under the European Small Claims Procedure and endorsed using standard Form D as set out in Annex IV to the Regulation is deemed an enforceable instrument. Enforceable instruments are enforced by bailiffs in accordance with the procedure set out in Part VI of the Code of Civil Procedure. The list of bailiffs of the Republic of Lithuania is available on the website of the Lithuanian Chamber of Bailiffs: Link opens in new windowhttp://www.antstoliurumai.lt/index.php/pageid/1089.


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: 30/10/2020