About 80 more companies are considering applying to the court for quarantine restrictions: there are 100,000. euro damage

The first company to file a complaint with the court is the Aukštaitija Implantology Clinic. According to him, by closing the deals, the government exceeded its authority in mid-March. The company requests a compensation of 70 thousand. Damages for loss of income and expenses incurred.

As lawyer Nerijus Zaleckas has previously said, on March 14 the government had the right to provide special work, service, rest conditions, special travel arrangements, but at that time it did not have the authority to close the business.

N. Zaleckas Delphi He said that the Vilnius Administrative Court had accepted the complaint and the Ministry of Health had submitted its response.

“We have also presented a petition to the court to ask the Constitutional Court for legality and compliance with the respective legal acts with the Constitution. The court accepted our request and will decide on the appeal to the Constitutional Court during the main proceedings. A court hearing has not yet been scheduled, “he says.

Lawyer: SAM arguments – change

The lawyer says that some of SAM’s arguments are strange. One of them was that no one was forbidden to do so during the quarantine.

According to them, the activity was not prohibited in principle. Which is strange because the activity has been banned. It was said that it was possible to carry out the activity remotely by transferring it to the Internet. It is difficult to understand how a dental clinic can transfer its activities to the Internet ”, says N. Zaleckas.

One of the main arguments of this complaint is the laws modified by the Seimas, which retroactively granted the main powers to the Government. The lawyer assures that the decision of March of the Majesty was against the law and the Constitution because the government did not have the authority to close the business.

“The government resolution contradicted the Laws for the Prevention and Control of Communicable Diseases of People and the Civil Protection Law. Subsequently, the Seimas amended these laws, retroactively authorizing the Government to establish certain prohibitions, ”says N. Zaleckas.

“Su (SAM – Delphi) argument that the legislation was merely clarified, the powers were so vague, that’s why they simply clarified the legislation. Strange argument. If there were mandates, who should adjust them? ”, Reflects the interlocutor.

Another business argument is proportionality. As the lawyer says, in the spring it was possible to combat other means that are now in use. Currently, according to him, the number of cases is the same or even higher than in the spring, but authorities say they will no longer have the same quarantine as in the spring.

“According to the ministry, it was necessary to do it because there were no other means, it saved people and so on. Strange so why not do the same now? The number of cases is the same, but the virus is already fought by completely different means. In our opinion, this indirectly shows that it was possible to do the same in spring, ”says N. Zaleckas.

According to him, the virus is not a natural disaster that strikes suddenly. The interviewee recalls that the coronavirus began in 2019 at the end of the year in China, and the Lithuanian government introduced quarantine in the country due to lack of preparation, ignorance and haste. Therefore, the business representatives are convinced that the government negligently performed its functions in the spring, did not prepare and caused damage to the companies in a hurry.

“It is not a kindergarten, it is a government that can consult with whoever it wants: the World Health Organization, other countries. She simply copied the Chinese version, the Chinese closed the city of Wuhan and we closed the entire state.

We use the example of Latvia: our neighbors did not close their country, in the spring they applied the same thing that we have in Lithuania at the moment: masks, distances. Ignorance of the law does not exempt from responsibility, just as negligence does not exempt from responsibility ”, he emphasizes.

SAM: The institution was able to provide the necessary services

How Delphi representatives of SAM, 2020 commented. March 14 The government resolution “On the announcement of quarantine in the territory of the Republic of Lithuania” established prohibitions for certain categories of activities, but did not prohibit the activities of dentists.

Section of Resolution 3.4.4. It reads as follows: “Postponement of the provision of dental services other than the provision of emergency medical care.”

“In other words, only the provision of non-essential services was restricted, leaving the possibility of providing essential medical care. If the dental institution did not provide any services during quarantine, this cannot be based on Article 3.4.4. Pages provisions. .

The dental institution was able to carry out its activities by providing the necessary dental services, which was carried out by other private institutions carrying out identical activities, ”commented SAM.

SAM: We have already learned some lessons now

Responding to why Lithuania is no longer fighting the virus with the same measures as in the spring, SAM representatives note that when the COVID-19 pandemic occurred in the spring, there was no universal model in the world or measures proven in the time to effectively handle this scale. crisis.

“Based on its experience and global recommendations for infection control, each country had to formulate its own strategy against coronavirus, as did Lithuania,” SAM writes.

According to the Ministry, according to some evaluations, the strategy chosen by Lithuania was effective. In the Sustainable Development Report, Lithuania is among the top five members of the Organization for European Cooperation and Development, which has successfully faced the first wave of COVID-19, SAM notes.

“Now we have learned some lessons and gained experience that they can handle the spread of the virus without universal quarantine, but with proven infection control measures, controlling infection outbreaks and imposing the strictest restrictions only in the most affected areas, but not across the country, “the ministry said. .

About 80 companies are considering going to court, counting 100,000. EUR damage

Among other things, the lawyer says that there are other companies in Lithuania that plan to follow the example of the Aukštaitija Implant Clinic and go to court with the same complaint. Some are still counting the damage they have suffered, others still want to wait for the outcome of this case.

According to the interviewee, the number of interested companies is constantly changing: in March, April and May, about 80 companies were actively interested.

“Since employees are depressed, others are on vacation, so the whole process takes time. The other large part wants to wait for the outcome of this case. When resolving a petition, the Constitutional Court can say that it will also resolve the case itself. If the court decides that everything was in order, the only option left is to go to the European Court of Human Rights at a later stage.

However, if the court says that the legislation violates the Constitution, then this case will be resolved and the question of what amount to award will remain, ”says N. Zaleckas.

Companies that provide services are interested in the possibility of going to court: private kindergartens, cafes, restaurants, sports clubs, dentists. The companies count the various damages suffered: some request 70 thousand. Eur, others planning a lawsuit, will ask for 200,000 to be awarded. EUR. According to the lawyer, the average damage suffered by a company is 100,000. EUR.

“Some companies are angry and ready, others have closed and no longer work. However, some still hesitate, fearful of suing the State, which will then allegedly harm them. Other law firms transfer their clients to us, they say they do not want to participate because they are afraid of going against the state, ”says N. Zaleckas.

Receive calls due to new restrictions in bars and restaurants

He also adds that he is currently receiving calls due to new restrictions on businesses and their legitimacy. As he himself says, the owners of bars and restaurants ask about the mandatory use of masks and shortening the time. However, according to the lawyer, the complaints of the catering establishments are in doubt.

According to him, it may seem strange that companies want to complain about relatively minor restrictions, but do not complain that their operations were closed in the spring. The lawsuit of the Aukštaitija Implantology Clinic claims that the use of masks and other safety measures would be justified, as it is not justified that companies had to shut down completely in the spring.

“It is a rather curious situation because the companies that called us did not contact us in the spring when the businesses were closed. We talked about the fact that nowadays the demand on the mandatory use of masks will look strange, because its (“Aukštaitija Implantology Clinic” – Delphi) in the request, we say that such measures would be justified.

We ourselves think that it is necessary to fight the virus in some way: wear masks, perhaps to limit time. In these cases, it would be difficult to calculate and claim damages. How should you calculate and justify how many people did not come because of the introduction of the time limit or because it was necessary to wear a mask? ”, Comments the lawyer.

The case will form a new legal kitchen

The interviewee adds that companies can claim losses in the spring and later, as the three-year statute of limitations is valid. Asked when the dental clinic’s case is expected to end, N. Zaleckas believes that it should be resolved next year.

“I think the first hearing will be scheduled for September-October, at best in winter or next spring the Constitutional Court will speak, and the case should be resolved next year. We will definitely have a decision from a trial court to the summer ”, he assures.

According to him, the whole process will take time due to the large number of documents and arguments that have not been considered until now. Not only that, no one wants to rush, because the problem of state finances for the future is being solved; as the court will decide, it is always valid. According to N. Zalecko, this case is said to form a new legal kitchen.