We successfully represented a client in voiding a gratuitous contract worth millions. All courts agreed with our arguments that an intra-family gratuitous contract can be successfully voided. The courts also agreed that publicly denying the contract, filing baseless complaints and taking family disputes into the media all together give cause to void the contract. Our client was represented by attorney Villu Otsmann and lawyer Martin Järve of TRINITI.
Major Assignments - Dispute Resolution
TRINITI provided legal advice to NE International GmbH, a full-service provider for commercial solar systems, fire protection and decontamination services in the Europe, on implementation of a wind and solar power plant project in Lithuania, subsidized by the EU funds. TRINITI lawyers assist the client on various legal issues related to construction process, funding and represents the client’s interests in court on connected legal dispute with designer of construction works, one of the largest company in projecting electricity objects in Lithuania.
TRINITI represented a group of Lithuanian parliament members in the Lithuanian Constitutional Court investigating whether the provisions of the Law on Energy of the Republic of Lithuania is not in conflict with the Constitution.
TRINITI team advised a group of the Lithuanian parliament members on legal issues and represented them in the Lithuanian Constitutional Court investigating the procedure and terms for the extension of the provisions of the Law on Energy of the Republic of Lithuania regulating the expiry of the permits issued for the development of electricity generating capacities from renewable energy sources.
The legal matter was of significant importance to Lithuanian legal environment in the energy field, as by the decision of the Constitutional Court, adopted on 21 December 2018 the limitation, established in the Law on Electricity on extending the time limit of the validity of an authorization to develop the capacity of electricity generation from renewable energy sources declared unconstitutional.
Karmen Turk, Katri Tomson and Maarja Pild, lawyers in the TRINITI Law Firm, represented their client in the European Union’s first ICO case. In the case regarding Santiment ICO (Bloomberg in the crypto world), the parties reached a mutually acceptable compromise. In the event of a dispute, whether and how can the other party be required to transfer the crypto assets (tokens), whether a default interest can be charged for delay (if no money is involved), and what are the bailiff’s tools for enforcing a judgment rendered in a crypto asset dispute – those were some of the topics hotly debated.
TRINITI’s lawyers have also discussed the risks and disputes related to crypto assets and ICOs in the Äripäev Radio broadcast “TRINITI eetris” (TRINITI On Air).
TRINITI lawyers represent Lithuanian grain growers whose harvest has been severely affected by drought in a number of civil disputes with a grain purchaser, the largest company in the Lithuanian agricultural industry, on outstanding contracts. The cases are of significant importance, as they are creating a case law on the conditions for relief from civil liability due to force majeure.
TRINITI team represented Deutsche Bahn International GmbH in four complex court cases against Lietuvos Geležinkeliai AB (Lithuanian Railways): two cases deal with the compensation of alleged losses due to the design works, recognition of the additional works and awarding the debt for the performed works and two other cases – with contractual penalties. The total value of the dispute is more than 30 million EUR.
TRINITI lawyers successfully represented well-known Lithuanian office furniture design and the production company in the dispute related to the infringement of the copyright and design rights. The competitor Lithuanian company ERGOLAIN brought the civil claim, which was dismissed.
TRINITI represents a former shareholder of a major company in six legal disputes against Swedbank as well as other shareholders of the company (the total value of the disputes are approx. 13 M EUR). Two of the cases have been heard by the Supreme Court, one of them by the extended composition of the Supreme Court and both were won by TRINITI’s clients
TRINITI represented Viasat, a global satellite operator in a civil case, where the Estonian Authors’ Union (EAÜ) presented claims against Viasat to refrain from providing the signal of 42 different television programmes (incl. ETV, ETV2, Kanal 2, TV3, TV6 and Kanal 11) to end consumers without obtaining prior permission (license) from the EAÜ. Read more
It was a first dispute for the Republic of Estonia to be heard in the second level of the European Court of Human Rights – the Grand Chamber.
The essence of the dispute is the liability of media organizations in regard to user generated content. The decision is due during 2015.