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The Second Month after Brexit: Insights for Business
Ellex Valiunas, February 2021

February marks the start of the second month after Brexit materializing. The Member States have finally understood that the United Kingdom (UK) is no longer in the Europen Union (EU) so that the  fairy-tale of the Single Market that has lasted for decades is now over. Although many businesses resolved various legal or regulatory issues before 1st January, new challenges inevitably keep arising now, when Brexit is a reality...

Coronavirus: Legal Solutions for Business
Ellex Valiunas, March 2020

  Covid-19 (coronavirus) is already affecting business relationships in most parts of Europe. Starting February 26th The state of emergency announced by the Government of the Republic of Lithuania obliges businessmen, event organizers and other public figures to adjust even international long-term plans. Thus, the influence of coronavirus already manifests itself in supply chain disruptions, travel and import restrictions, event cancellations, and so on...

Tacit Agreement not to Arbitrate?
Ellex Valiunas, November 2016

Although neither of the parties objects to solving the dispute in the state court, the Supreme Court of Lithuania sends the parties to arbitration after it discovers a prior written agreement to arbitrate. The issuer of a promissory note (Claimant) requested the state court to declare the promissory note null and void...

One More Baltic State Enters Euro Zone
Ellex Valiunas, July 2013

After a slight pause, the Baltic States – Estonia, Latvia and Lithuania - are continuing on their path to entering the euro zone, which was first entered by Estonia in 2011...

Biobanks-is Lithuania ready for them?
Ellex Valiunas, September 2012

Currently a large part of politicians, economists and lawyers are working hard to ensure that a recent Lithuania’s bank bankruptcy story would not repeat itself. Sometimes people still associate the term “bank” with instability, possibility to lose something or lack of transparent governing. Maybe this is the reason why there are no biobanks in Lithuanian which are widespread in the EU and other countries of the world...

Can a Company Have Any Human Rights?
Ellex Valiunas, June 2012

The European Convention on Human Rights applies also to legal entities.As a result, businesses and organisations can address the European Court of Human Rights if they consider that their human rights, guaranteed under the European Convention on Human Rights, have been violated. Although not rare in Europe, this option is still new and not widely used by companies in the Baltics...

Enforcement Hotspots: Plotting the Competition Council's Regulatory Approach
Ellex Valiunas, June 2012

Lithuania's substantive competition law is similar to EU competition law; the main differences stem from enforcement rules and priorities. This update considers recent trends in this area. Competition law in Lithuania is enforced only in administrative proceedings. Unlike neighbouring Latvia, Lithuania allows for the imposition of penalties against individuals (eg, managers of a company in breach of competition law)...

Reshaping Energy Sector in the Baltics: Towards Energy Independence
Ellex Valiunas, May 2012

Energy security is ability of the State to choose how and under what conditions local consumers are to be provided with energy and energy resources. This ability is mainly determined by alternatives for usage of local energy sources, diversified imports, integrity of energy systems, and market-based formation of energy prices...

Influence on business of the 2011 draft law amendments on taxation in Lithuania
Ellex Valiunas, January 2011

By Vitas Vasiliauskas, Associate Partner of the law firm LAWIN Lideika, Petrauskas, Valiûnas ir partneriai   In December 2010, the most important legislative acts on taxation to be enacted in 2011 were publicised...

Energy Craving
Ellex Valiunas, March 2009

With the Baltic States a hotbed of energy related activity and practice areas such as M&A decidedly lukewarm, law firms in the region could be forgiven for hoping that several high-profile ventures in the sector would brighten up an otherwise gloomy 2009. But the highly political nature of the energy market means that lawyers are watching frustrated from the sidelines as large scale projects consistently fail to get off the ground...

The European Court of Justice (ECJ) Gave a Preliminary Ruling in Joined Cases C-468/06 - C-478/06
Ellex Valiunas, November 2008

On 16 September 2008, the European Court of Justice (ECJ) gave a preliminary ruling in joined cases C-468/06 - C-478/06 specifying that a refusal by a pharmaceutical undertaking that holds a dominant position on a relevant pharmaceutical market to supply wholesalers with a view to impeding parallel export of such wholesalers from one Member State to other Member States constitutes an abuse of a dominant market position under Article 82 of the EC Treaty...

Disclaimer in Trademark Registration vs. Copyright
Ellex Valiunas, October 2008

By decision rendered June 25, 2008, in K. B. & UAB Restoranu Grupe FORTAS v. AB Ragutis (Case No 3K-3-160/2008), the Supreme Court of Lithuania ruled that a component of a trademark that infringes an author’s copyright may not be disclaimed in the trademark registration.The plaintiffs, K. B. and UAB Restoranu Grupe FORTAS, sued one of the oldest breweries in Lithuania, AB Ragutis, for copyright infringement...

Unilateral Consent to Use Trademark as Company Name Deemed Irrevocable
Ellex Valiunas, October 2008

On June 17, 2008, the Supreme Court of Lithuania rendered a decision restricting the rights of the trademark owner to revoke his consent to use a trademark as a company name. In UAB Solvex Baltic v. UAB Scandihouse (Case No 3K-3-335/2008 (S)), the owner of the trademark SCANDIHOUSE petitioned the defendant to change its company name...

Lithuanian Franchising Rules
Ellex Valiunas, July 2008

During the last years franchise agreements receive growing acceptance as an effective tool for establishing or expanding business in Lithuania. This is particularly true for foreign producers and suppliers which have already established extensive franchise networks in Lithuania, e.g. fast food restaurants “McDonald’s”, office supply network “Office 1” or real estate brokers “Re/Max”...

Registration of Seagoing Ships in Lithuania
Ellex Valiunas, September 2006

The main legal acts regulating the registration of seagoing ships in Lithuania are the Law on Merchant Shipping, the Rules for Registration of Seagoing Ships in Lithuania approved on 4 July 2005 by order No. 3-301 of the Minister of Transport and Communications, and the Decision of the Government of Lithuania “On the Register of Seagoing Ships of the Republic of Lithuania”. The following ships can be registered at the Register of Seagoing Ships of the Republic of Lithuania (the Register): 1...

Memorandum re Services Offered by the Central Portal for Public Procurement
Ellex Valiunas, July 2005

Central Portal for Public Procurement has been recently launched at www.cvpp.lt. The portal publishes information on the public procurement conducted in Lithuania; the main purpose of the portal is to materialize the electronic procurement methods currently lawful under the Law on Public Procurement of the Republic of Lithuania. The main novelty introduced is the possibility to conduct electronic procurement under the normal commercial practice...

Memorandum on Dispute Resolution in Lithuanian Courts
Ellex Valiunas, May 2005

In case of a dispute arising between the parties, it may be advisable initially to solve it without the recourse to the courts, i.e. through sending a letter - claim or a warning, signing the court approved settlement agreement, obtaining an executive record of the notary public according to promissory notes or cheques, whether protested or not, or by seeking compromise through negotiations, etc. If the parties fail to solve a dispute amicably, the dispute may be referred to the courts...

Key Aspects of Corporate Governance in the Baltics: Shareholders Rights
Ellex Valiunas, May 2005

This article, published in International Corporate Governance Review (published by Euromoney Yearbooks), aims to provide an overview of what the Baltic States are offering to owners of capital in regard of effective control over invested capital, its use, disposal and return. Accession of three Baltic States to the EU and NATO in 2004 proves the reliable status of these countries for foreign partners and makes no doubt regarding the guaranteed protection of investments made in this region...

A Practical Insight to Cross-Border Environment Law
Ellex Valiunas, April 2005

The article appeared in the 2005 edition of The International Comparative Legal Guide to: Environment Law; published and reproduced with kind permission of Global Legal Group Ltd, London...

Memorandum Regarding Recognition and Enforcement of Foreign Arbitral Awards and Court Judgements in Lithuania
Ellex Valiunas, March 2005

Foreign arbitral awards and court judgments in Lithuania may be enforced only after having been recognised and authorised for enforcement by the Court of Appeals of Lithuania, an authority empowered by the State to recognise awards/judgments and authorise their enforcement...

Memorandum Regarding the Law on Works Councils of the Republic of Lithuania
Ellex Valiunas, January 2005

On 26 October 2004, Lithuanian Parliament adopted the Law on Works Councils which came into effect from 11 November 2004. In this memorandum please find short comments regarding the procedure for formation of national works councils, their role in the enterprise, obligations and additional legal possibilities of employers related to works councils...

 

 

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