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After examining the military appeal, the three-judge panel upheld the Court of Appeal’s conclusion that the transaction was concluded in 2014 in violation of public procurement principles and should therefore be declared invalid and refund applied.
“The appeals court rightly declared the transactions of the dispute invalid due to their conflict with the mandatory norms of the law, for which the consequences specified in article 1.80 of the CC – bilateral restitution must be applied,” the Supreme Court ruled. January 6th.
The army could not prove in the case that the company called Nota Bene acted fraudulently at the time; the judges found that the mere presentation of a small amount of nonconforming goods did not prove that the company was seeking to deceive the military.
The transaction was voided because the technical specification did not ensure competition, and the court ruled that the purchase should have been divided into two parts, with the purchase of spare parts for outdoor kitchens and cookware separately.
Entrepreneurs, for their part, have not shown that recovering money and assets is wrong due to the depreciation of assets.
“The court proceedings hearing the case have not established any circumstances that show that the disputed property has depreciated due to the expiration of the warranty period or other circumstances, what is the current market price of the disputed property, and how it differs from the previous dispute, “the order reads.
The dispute arose due to an agreement entered into in 2014 with the company Nota Bene, which was later renamed Saugu LT.
When it turned out that some kitchen utensils began to be sold at prices higher than market prices and some were counterfeit, the Lithuanian Military Police launched a pre-trial investigation. The director of the company was indicted for fraud two years ago.
Initially, the military tried to order money in a criminal case, but in failing to do so they went to court in civil proceedings.
The Lithuanian Supreme Court upheld the decision of the Lithuanian Court of Appeal, by which 118 thousand LTL from the Saugu LT company were awarded in favor of the Lithuanian Armed Forces. amount and 5%. annual interest.
The businessman will have to collect the goods from the Lithuanian army in a month.
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