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The Vilnius Regional Administrative Court satisfied UAB Vilniaus Viešasis transportas’ complaint regarding the decision of the Environmental Project Management Agency of the Ministry of the Environment not to evaluate the company’s request for support.
The company requested support within the framework of the Climate Change Program for the project “Renewal of the urban and suburban public vehicle fleet by promoting the use of electric vehicles, biomethane, compressed gas, liquefied gas”, but it was not considered.
According to the Agency, the owner of all the shares of the company is the Municipality of the City of Vilnius, and it has not duly fulfilled its obligations under the projects financed by the Climate Change Program.
According to the court decision, although the founder and shareholder of the company is the Vilnius City Municipality and the rights and obligations of the shareholders are implemented by the Vilnius City Council, the participants (shareholders) of legal persons generally they do not implement the rights and obligations of legal persons. competence in the most important issues for the company. It is clear from the UAB Vilniaus Viešasis transportas bylaws that it exercises its rights and obligations independently through the management bodies: the collegiate – the Board and the sole management body – the owner of the company.
Thus, according to the court, the agency hastily concluded that the rights and obligations of the company are exercised by its founder (shareholder) and not by its governing bodies. Furthermore, by virtue of this measure of the Climate Change Program, neither the applicant nor the management body that implements their rights and obligations, the head and founder of the company, the shareholder – Vilnius City Municipality have been recognized for having improperly implemented and / or implemented this particular measure of the Climate Change Program.
After the entry into force of this judicial decision, the Environmental Project Management Agency will have to reevaluate the transport request of the UAB Vilniaus Viešasis.
This decision can be appealed to the Supreme Administrative Court of Lithuania within 30 days.
Eleonora Budzinauskienė (ELTA)
