PRESIDENT OF THE CONSTITUTIONAL COURT OF THE REPUBLIC OF
LITHUANIA
ANNOUNCEMENT
ON SUSPENDING THE VALIDITY OF ITEMS 1 AND 2 OF RESOLUTION OF THE
GOVERNMENT OF THE REPUBLIC OF LITHUANIA NO. 22 "ON ASSENTING TO A
DRAFT AGREEMENT ON PURCHASE AND SALE OF 34 PERCENT OF THE SHARES
(WHICH BELONG TO THE STATE BY RIGHT OF OWNERSHIP) OF THE JOINT-
STOCK COMPANY 'LIETUVOS DUJOS', ANNEXES TO THIS AGREEMENT, AS
WELL AS TO A DRAFT AGREEMENT OF SHAREHOLDERS" OF 9 JANUARY 2004
AND RESOLUTION OF THE GOVERNMENT OF THE REPUBLIC OF LITHUANIA NO.
292 "ON A DRAFT SUPPLEMENT TO THE LONG-TERM GAS SUPPLY AGREEMENT
BETWEEN THE JOINT-STOCK COMPANY 'LIETUVOS DUJOS' AND THE PUBLIC
JOINT-STOCK COMPANY 'GAZPROM'" OF 18 MARCH 2004
14 May 2009
Vilnius
By its Decision "On accepting the petition of the Seimas of
the Republic of Lithuania, the petitioner, set forth in its
Resolution No. XI-246 'On Applying to the Constitutional Court of
the Republic of Lithuania with a Petition Requesting to
Investigate Whether Items 1 and 2 of Resolution of the Government
of the Republic of Lithuania No. 22 "On Assenting to a Draft
Agreement on Purchase and Sale of 34 Percent of the Shares (Which
Belong to the State by Right of Ownership) of the Joint-Stock
Company 'Lietuvos Dujos', Annexes to This Agreement, as Well as
to a Draft Agreement of Shareholders" of 9 January 2004,
Resolution No. 292 "On a Draft Supplement to the Long-Term Gas
Supply Agreement Between the Joint-Stock Company 'Lietuvos Dujos'
and the Public Joint-Stock Company Gazprom'" of 18 March 2004,
according to the content of the norms, the extent of regulation
and the procedure of adoption, are not in conflict with Article
5, the Third and Fifth Paragraphs of Article 46, the First
Paragraph of Article 128 of the Constitution of the Republic of
Lithuania and the principle of a state under the rule of law' of
5 May 2009" of 14 May 2009, the Constitutional Court of the
Republic of Lithuania accepted for consideration the petition
(No. 1B-28/2009) set forth in the 5 May 2009 resolution of the
Seimas of the Republic of Lithuania, the petitioner, requesting
to investigate whether Items 1 and 2 of Resolution of the
Government of the Republic of Lithuania No. 22 "On Assenting to a
Draft Agreement on Purchase and Sale of 34 Percent of the Shares
(Which Belong to the State by Right of Ownership) of the Joint-
Stock Company 'Lietuvos dujos', Annexes to this Agreement, as
well as to a Draft Agreement of Shareholders" of 9 January 2004,
Resolution of the Government the Republic of Lithuania No. 292
"On a Draft Supplement to the Long-Term Gas Supply Agreement
Between the Joint-Stock Company 'Lietuvos dujos' and the Public
Joint-Stock Company 'Gazprom'" of 18 March 2004, to the extent
that the Government assented to the provisions of Annex H and
Item 9.1 of Agreement No. 2/108 on Purchase and Sale of 34
Percent of the Shares (Which Belong to the State by Right of
Ownership) of the Joint-Stock Company "Lietuvos dujos", which was
concluded between the state enterprise State Property Fund and
the Russian Federation public joint-stock company "Gazprom" on 23
January 2004, and, subsequent to these provisions, undertook
obligations not to regulate the prices of natural gas and to
reimburse the losses, are not in conflict, according to the
content of the norms, the extent of regulation and the procedure
of adoption, with Article 5, Paragraphs 3 and 5 of Article 46,
Paragraph 1 of Article 128 of the Constitution of the Republic of
Lithuania and with the constitutional principle of a state under
the rule of law.
Under Paragraph 4 of Article 106 of the Constitution of the
Republic of Lithuania, the resolution of the Seimas asking for an
investigation into the conformity of an act with the Constitution
shall suspend the validity of the act. Paragraph 2 of Article 26
of the Law on the Constitutional Court of the Republic of
Lithuania provides: "If the Constitutional Court adopts a
decision to accept a petition for consideration, the President of
the Constitutional Court shall immediately give an official
announcement about it in the official gazette 'Valstybės žinios'
('The News of the State') as well as on the Internet website of
the Constitutional Court. In this announcement, the President of
the Constitutional Court must state the exact title of the
disputed act, the date of its adoption, and that, in accordance
with Article 106 of the Constitution of the Republic of
Lithuania, the validity of the aforementioned act is suspended
from the day of this official announcement until the ruling of
the Constitution Court concerning this case is published."
Conforming to Paragraph 4 of Article 106 of the Constitution
of the Republic of Lithuania, and Paragraph 2 of Article 26 of
the Law on the Constitutional Court of the Republic of Lithuania,
I hereby announce that from the day of publishing of this
announcement in the official gazette "Valstybės žinios" until
publishing of a Constitutional Court ruling regarding this case,
the validity of Items 1 and 2 of Resolution of the Government of
the Republic of Lithuania No. 22 "On Assenting to a Draft
Agreement on Purchase and Sale of 34 Percent of the Shares (Which
Belong to the State by Right of Ownership) of the Joint-Stock
Company 'Lietuvos dujos', Annexes to this Agreement, as well as
to a Draft Agreement of Shareholders" of 9 January 2004 and
Resolution of the Government of the Republic of Lithuania No. 292
"On a Draft Supplement to the Long-Term Gas Supply Agreement
Between the Joint-Stock Company 'Lietuvos dujos' and the Public
Joint-Stock Company 'Gazprom'" of 18 March 2004 shall be
suspended.
President Kęstutis Lapinskas