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Supreme Administrative Court of Lithuania
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How to apply

Application

The decisions of Regional administrative courts, adopted when hearing the cases in the first instance, may be appealed against to the Supreme Administrative Court of Lithuania within thirty days from the pronouncement of the decision. If a valid reason caused a failure to observe the time-limit set for filing an appeal, the appellant may be granted at his request restoration of the status quo ante for filing the appeal by the court of first instance through which the appeal is submitted. However, application to restore the time-limit cannot be submitted, if over three months have passed from the day of publication of the court decision.

Only those decisions of Regional administrative courts where cases have been heard on the merits can be appealed against to the Supreme Administrative Court of Lithuania.

The parties to the proceedings may file an individual appeal with the appellate court against the orders of the court of the first instance (the judge), adopted for some sort of procedural action (e. g. the refusal of the court to accept the complaint, renewal of the time-limit, undertaking of provisional measures etc.) within seven days from the pronouncement of the order. Aforementioned appeals may be filed in cases prescribed by law or when court order precludes further conduct of proceedings.

The appeals shall be submitted via the court the decision whereof is appealed in writing or in an electronic form by means of electronic communication according to the procedure established by the Minister of Justice.

Formal requirements for appeals are detailed in Article 134 of the Law on Administrative Proceedings. The claimant can withdraw from the appeal before the start of the court proceedings, if the case is heard in accordance with the written procedure, or before the closing statements, if the case is heard in accordance with the oral procedure.

Representation

The parties to the proceedings can either defend their interests in the court themselves or do so through their representatives. However, by participating in the case the party does not forfeit the right to be represented.

The authorised representatives at the court (under authorisation) may be lawyers, assistant lawyers who have a written permit of the lawyer supervising their practice to represent in a specific case; one claimant delegated by other claimants or one respondent delegated by other respondents; persons who have a higher legal university education when they represent their close relatives or a spouse (cohabitee) and others (for full list see Article 47 of the Law on Administrative Proceedings).

Other authorised representatives prescribed by law can only represent in the court of appeal instance if they have a higher legal university education. This applies to employees of legal persons or civil servants representing a specific legal person; employees or civil servants of persons controlling and/or controlled by the legal person, parent companies and/or subsidiaries; representatives on the basis of authorisation of trade unions, if they represent the members of trade union in cases of office-related legal relations etc.

The powers of the lawyer or assistant lawyer shall be confirmed by the agreement or extract of agreement concluded between the lawyer or assistant lawyer with the client. The powers of other representatives are approved in accordance with the procedure established by the Code of Civil Procedure.

It is important to note that if the party to the proceedings is a minor or a person declared incapable or with limited capability in a certain field according to the procedure established by the laws, their interests may be represented by their legal representatives (parents, adoptive parents, guardians, care-givers).

Stamp duty

Except in cases provided for by law, complaints (petitions, statements) shall be received and heard by the administrative courts only after the payment of the stamp duty prescribed by the law. Currently stamp duty of 15 Eur applies for appeals with the appellate court.

In case of submission of complaints (petitions, statements) to the court by means of electronic communication only, stamp duty is reduced by 25 percent.

Certain complaints (petitions, statements) are exempt from stamp duty (e. g. petitions relating to delay by entities of public administration to perform the actions assigned within the remit of their competence, awarding of pensions or refusal to award them, compensation for damage inflicted by unlawful acts by entities of public administration etc.). Article 38 of the Law on Administrative Proceedings prescribes situations when paid stamp duty or part thereof shall be repaid.

Procedure

The appeal in the Supreme Administrative Court of Lithuania is examined in accordance with the written procedure, i.e., without inviting the participants in the proceedings to the court hearing and without their presence, except when the court recognises that oral hearing of the case is required. The parties to the proceedings can submit a reasoned application to discuss the case in the form of oral hearing, however, the court is not obliged by such application in any way.

The participants in the proceedings are notified of the date, time and venue of the court hearing and composition of the court on a special website no later than seven business days before the court hearing. This information can also be provided by the office of the court.

After hearing a case, the Supreme Administrative Court of Lithuania has a right to:
• uphold the decision of the court of the first instance and reject the appeal;
• reverse the decision of the court of the first instance and adopt a new decision;
• amend the decision of the court of the first instance;
• reverse the decision of the court of the first instance fully or in part and refer the case to the court of the first instance for holding a de novo hearing;
• reverse the decision of the court of the first instance and dismiss the case or leave the appeal unconsidered.