How to apply

Application

The decisions of the Regional Administrative Court, 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 the Regional Administrative Court 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 to the court that pronounced the contested decision. Submission can be done directly in written form through the office of the court of first instance or via the E-Service Portal of Lithuanian Courts at e.teismas.lt

Please note that if you are submitting an appeal by other electronic means of communication (e-mail, fax etc.), the original appeal must be presented to the Court in no less than 3 calendar days.

The following shall be indicated in the appeal:

1) the name of the court to which the appeal is addressed;
2) the appellant's name and address, personal identification number – and if any – e-mail, telephone number, fax number;
3) the names, addresses and electronic means of communication of other parties in the proceedings, excluding the representatives;
4) the appealed decision and the court which adopted the decision;
5) the contested issues;
6) the laws and circumstances of the case whereon the illegality or invalidity of the decision or a part thereof is based (legal grounds for appeal);
7) the appellant's petition (subject matter of the appeal);
8) evidence confirming the circumstances presented in the appeal;
9) if present, preferences to receive court documents via electronic means of communication;
10) request of the appellant to hear the case in accordance with the oral proceedings, if he requests so;
11) a request for the proceedings to be conducted by means of information and electronic communications technology (videoconferencing, teleconferencing, etc.) and/or a request that they and/or their representative be given access to the court's information and electronic communications technology (videoconferencing, teleconferencing, etc.) at the court premises;
12) the list of documents attached to the appeal.

Please note that the appeal must be accompanied by the evidence indicated in the appeal (if the appellant is in possession of any), also information regarding the payment of the stamp duty for the appeal. The number of copies of the appeal with the annexes must be sufficient for delivering a copy to each party to the proceedings and leaving one copy for court documentation.

It is imperative that the appeal shall be signed by the appellant, the counsel or the statutory representative. When the appeal is filed by the counsel, the statutory representative or the persons authorised by the heads of enterprises or institutions, the letter of attorney of the person filing the appeal must be attached thereto. 

If the appeal is submitted via electronic means of communication, the identity of the appellant must be verified by an electronic signature, by registering to the E-Service Portal of Lithuanian Courts etc.

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 and by expressing the will to receive procedural documents via e.teismas.lt, 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.

Procedure of urgency

In the Court, cases are typically sorted and assigned by the date of receipt. However, under exceptional circumstances, some cases are assigned by a procedure of urgency. This procedure is taken into effect when  a case is significant to a large portion of the public, a delayed hearing of a case might have a negative effect for the administration of justice or may lead to disproportionally adverse consequences to the parties etc.

The Supreme Administrative Court of Lithuania assigns the hearing date as soon as possible under the procedure of urgency in cases:

• regarding application of enforcement measures;
• regarding violation of the election laws and the Law on the Referendum of the Republic of Lithuania;
• regarding petitions of the municipal council to present a conclusion whether a member of the municipal council or the mayor has breached their oath and/or failed to exercise the powers assigned to them by the laws;
• regarding the legal status of aliens;
• regarding taking land for public needs;
• regarding individual appeals by State Data Protection Inspectorate contesting court decisions to not authorise a search warrant;
• other cases that have a short deadline as established by law.

The Supreme Administrative Court of Lithuania assigns the hearing date as soon as possible under the procedure of priority in cases:

• in which the appellant withdrew the appeal;
• in which the appeal was rejected;
• in which the parties decided to settle;
• in which the proceeding has been renewed;
• that are to be heard as model proceedings;
• regarding freedom of assembly (before the expected date of assembly);
• that have already been heard by the appellate instance, i. e. when a decision by the court of first instance is reversed and referred to the court of first instance to hold a de novo hearing;
• regarding admission or discharge of public servants;
• regarding admission or discharge of other officials;
• regarding provision of state guaranteed legal aid;
• regarding citizenship and issue, replacement or validity of documents proving one‘s identity/citizenship;
• regarding a Union‘s refusal to impose a disciplinary penalty to an employee;
• that are related to previous cases with similar/equivalent situation;
• regarding individual appeals contesting court decision about enforcement measures;
• regarding individual appeals contesting court decision about taking land for public needs;
• regarding children‘s interests;
• in which the procedure of priority is proposed by the President.

Services:

The court office offers copy services to visitors of the Court. Persons that have the right of access to the case file, may request copies of it, excluding case files that are not to be disclosed as established by law.
Copies are available in 3 working days.

Service prices:

One sheet of A4 – 0,07 Eur;
One sheet of A3 – 0,14 Eur.