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On suspending the validity of a legal act

 

PRESIDENT OF THE CONSTITUTIONAL COURT 
OF THE REPUBLIC OF LITHUANIA

ANNOUNCEMENT

ON SUSPENDING THE VALIDITY OF ITEMS 1 AND 2 OF THE RESOLUTION OF THE GOVERNMENT OF THE REPUBLIC OF LITHUANIA (NO. 22) “ON ASSENTING TO A DRAFT AGREEMENT ON SALE AND PURCHASE 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 THE 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 the Petition Requesting an Investigation into Whether Items 1 and 2 of the Resolution of the Government of the Republic of Lithuania (No. 22) “On Assenting to a Draft Agreement on Sale and Purchase 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, the 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 an investigation into whether Items 1 and 2 of the Resolution of the Government of the Republic of Lithuania (No. 22) “On Assenting to a Draft Agreement on Sale and Purchase 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, the 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 Sale and Purchase 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’s 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 the 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 a 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 the publication of this announcement in the official gazette “Valstybės žinios” until the publication of a ruling of the Constitutional Court regarding this case, the validity of Items 1 and 2 of the Resolution of the Government of the Republic of Lithuania (No. 22) “On Assenting to a Draft Agreement on Sale and Purchase 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 the 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