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On the reorganisation of the special purpose company “Lietuvos energija”

Case No. 11/02

 

THE CONSTITUTIONAL COURT OF THE REPUBLIC OF LITHUANIA

RULING

ON THE COMPLIANCE OF ARTICLE 2 AS WELL AS PARAGRAPHS 2 AND 4 OF ARTICLE 3 OF THE REPUBLIC OF LITHUANIA’S LAW ON THE REORGANISATION OF THE SPECIAL PURPOSE COMPANY “LIETUVOS ENERGIJA” (WORDING OF 28 JUNE 2001) WITH THE CONSTITUTION OF THE REPUBLIC OF LITHUANIA

 

16 March 2005

Vilnius

 

The Constitutional Court of the Republic of Lithuania, composed of the Justices of the Constitutional Court: Armanas Abramavičius, Egidijus Jarašiūnas, Egidijus Kūris, Kęstutis Lapinskas, Zenonas Namavičius, Augustinas Normantas, Jonas Prapiestis, Vytautas Sinkevičius, and Stasys Stačiokas

The court reporter—Daiva Pitrėnaitė

The Constitutional Court of the Republic of Lithuania, pursuant to Articles 102 and 105 of the Constitution of the Republic of Lithuania and Article 1 of the Law on the Constitutional Court of the Republic of Lithuania, on 17 February 2005, in its public hearing, considered case No. 11/02 subsequent to the petition of the Vilnius Regional Court, the petitioner, requesting an investigation into whether Article 2, as well as Paragraphs 2 and 4 of Article 3 of the Republic of Lithuania’s Law on the Reorganisation of the Special Purpose Company “Lietuvos energija” are not in conflict with Article 23 of the Constitution of the Republic of Lithuania.

The Constitutional Court

has established:

I

The Vilnius Regional Court, the petitioner, considered a civil case. By its ruling, the court suspended the consideration of the case and applied to the Constitutional Court with the petition requesting an investigation into whether Article 2, as well as Paragraphs 2 and 4 of Article 3 of the Law on the Reorganisation of the Special Purpose Company “Lietuvos energija” (Official Gazette Valstybės žinios, 2001, No. 62-2223) are not in conflict with the Constitution.

II

The petition of the petitioner is based on the following arguments.

The Law on the Reorganisation of the Special Purpose Company “Lietuvos energija” established the method and procedure of reorganisation of the special purpose company “Lietuvos energija” which differ from the method and procedure of reorganisation of companies which are provided for in Paragraph 1 of Article 1 of the Republic of Lithuania’s Law on Companies: the requirements of Paragraphs 6, 10 and 14 of Article 54, Paragraph 2 of Article 66, Articles 67 and 68, Paragraphs 1, 2 and 3 of Article 69, Paragraphs 2 and 3 of Article 70, Paragraphs 2 and 4 of Article 71 and Paragraphs 1 and 10 of Article 72 of the Law on Companies do not apply to reorganisation of the aforesaid enterprise, while other articles of the Law on Companies and other laws of the Republic of Lithuania apply only to the extent that the Law on the Reorganisation of the Special Purpose Company “Lietuvos energija” does not provide otherwise (Paragraph 2 of Article 1). Under the Law on the Reorganisation of the Special Purpose Company “Lietuvos energija” the special purpose company “Lietuvos energija” is reorganised according to the method of division of companies; upon reorganisation of the special purpose company “Lietuvos energija” the shares of the shareholders of this company are distributed in proportion to the authorised capitals of the company “Lietuvos energija” which continues its activity after the reorganisation and the companies established under the reorganisation; shares of the companies established on the basis of property of affiliated units and divisions of the special purpose company “Lietuvos energija”, which are engaged in activity other than the principal activity, must be transferred to the shareholders of the companies established upon reorganisation in proportion to the number of shares of the company owned by them. In the opinion of the petitioner, by such legal regulation the property rights of shareholders of the aforementioned company were violated (restricted), therefore, Article 2, and Paragraphs 2 and 4 of Article 3 of the Law on the Reorganisation of the Special Purpose Company “Lietuvos energija”, by which the general procedure of reorganisation of companies was changed, are in conflict with Article 23 of the Constitution.

III

1. In the course of the preparation of the case for the Constitutional Court’s hearing, written explanations of the representative of the party concerned, the Seimas, who was K. D. Prunskienė, a member of the Seimas were received.

According to the representative of the party concerned, the Law on the Reorganisation of the Special Purpose Company “Lietuvos energija” is a special one in regard to the Law on Companies and the Civil Code of the Republic of Lithuania. The fact that certain particularities of reorganisation of the company “Lietuvos energija” are established in the Law on the Reorganisation of the Special Purpose Company “Lietuvos energija” and that one specified that certain requirements of the Law on Companies do not apply in regard to reorganisation of the above-mentioned company does not mean that the principle of inviolability of property has been violated. The representative of the party concerned maintains that the shareholders are not owners of the property of the company, they only enjoy ownership rights of the shares which entitle them to certain property and non-property rights including the right to vote at a general meeting of shareholders. Decisions are passed at a general meeting of shareholders by a majority vote. Thus, the inviolability of property is consolidated. If the shareholders holding minority of votes are able to veto a decision at a general meeting of shareholders, the rights of the other shareholders (majority) would be unreasonably restricted; this would be in conflict with Article 28 of the Constitution.

In the opinion of K. D. Prunskienė, if the shares of the company “Lietuvos energija” which continues its activity after the reorganisation and those of the companies newly established after the reorganisation are distributed to the shareholders of the special purpose company “Lietuvos energija” which functioned prior to reorganisation in proportion to the authorised capital of the companies, the property interests of the shareholders, irrespective of the market value of the property of the company “Lietuvos energija” which continues its activity after reorganisation and companies newly established upon its reorganisation and the amount of obligations transferred to them, are not violated as the proportion of the shares remains the same. Moreover, the principle of equal proportionate distribution of shares of newly established companies could have been applied according to the Law on Enterprises, the constitutionality of which is not subject to the dispute by the petitioner, as well.

2. In the course of preparation of the case for the Constitutional Court’s hearing written explanations were received from the representative of the party concerned, the Seimas, who was G. Sagatis, a senior advisor to the Legal Department of the Office of the Seimas.

According to the representative of the party concerned, the decentralisation of the system of energy administration is vitally important to the economic stability of this country, its integration into the European Union, and the implementation of other strategic objectives, moreover, the restructuring and privatisation of the energy sector should be related to the increase of the role of municipalities; the Law on the Reorganisation of the Special Purpose Company “Lietuvos energija” is a part of the process, during which the centralised system of management of the economy was reorganised into constitutionally legalised self-governing systems, thus, transferring the decision making related to local energy from national to municipal level. According to the representative of the party concerned, the fact that the legislature established the method of reorganisation of the special purpose company “Lietuvos energija” should not be considered an interference of the state into the affairs of a private legal person, as the special purpose companies perform functions, which are vitally important to the state, special regime is needed for their functioning, and they are not considered to be private legal persons. In the opinion of G. Sagatis, having established the method and procedure of reorganisation of the special purpose company “Lietuvos energija” which is impugned by the petitioner, the legislature did not exceed the limits of discretion vested in him by the Constitution, as he enjoys the right to establish by special law particularities of the reorganisation of a strategic object; in addition to that, in the countries where the continental law traditions prevail, the activity of companies is regulated not only by private, but by public law as well, and the interests of shareholders must be coordinated with the interests of other groups interested in the activity of the company (employees, consumers, creditors, public at large).

Under the statement of the representative of the party concerned, when acquiring shares of a company the person accepts a risk that the scope of his property and non-property rights will depend not only upon himself, but on the will of other shareholders of the company also. The rights of the shareholder are assessed in regard to quantity by expressing them in proportions instead of monetary equivalent, therefore, as far as the processes of reorganisation of the company do not change the proportions of shareholders’ rights, the reorganisation does not infringe the rights of ownership of the shareholders. Having established that only the general meeting of the shareholders of the company by at least 2/3 majority vote could adopt a decision to reorganise the special purpose company “Lietuvos energija” and approve a project of its reorganisation and the prepared articles of association of the companies to be established during the reorganisation, one has ensured the right of all shareholders, including the small shareholders, to express their position concerning the principle of proportionate distribution of shares of companies which are newly established during the reorganisation, as well. The application of this principle resulted in the fact that the constitutional principle of inviolability of property has not been violated.

IV

In the course of the preparation of the case for the Constitutional Court’s hearing the explanations were received from B. Bradauskas, the Chairperson of the Committee on Budget and Finance of the Seimas, V. Karbauskis, the Chairperson of the Committee on Economics of the Seimas, K. Virketis, the Director of the Legal Department of the Office of the Seimas, T. Birmontienė, the Head of the Legal Department and Legal Advisor to the President of the Republic of Lithuania, J. Dubinienė, the Director of the Legal Department of the Office of the Seimas, A. Slivinskas, the Head of the Economy Division of the Office of the Government, P. Čėsna, a former Minister of Economy, V. Uspaskich, the Minister of Economy, P. Koverovas, the State Secretary at the Ministry of Justice, P. Milašauskas, the Director General of the State Property Fund, V. Poderis, the Chairperson of the Lithuanian Securities Commission, A. Keleras, the President of the Central Securities Depository of Lithuania, D. Jasulaitytė, the President of the Vilnius Stock Exchange, Assoc. Prof. Dr. V. Mizaras, the Head of the Civil Law and Civil Process Department at the Faculty of Law of Vilnius University, and Assoc. Prof. Dr. V. Pakalniškis, the Head of the Civil and Commercial Law Department at the Faculty of Law of the Law University of Lithuania.

The Constitutional Court

holds that:

1. The petitioner, the Vilnius Regional Court, had doubts as to whether Article 2 as well as Paragraphs 2 and 4 of Article 3 of the Law on the Reorganisation of the Special Purpose Company “Lietuvos energija” (wording of 28 June 2001, hereinafter also referred to as the Law) are not in conflict with Article 23 of the Constitution.

2. On 28 June 2001, the Seimas adopted the Law on Amending the Law on the Reorganisation of the Special Purpose Company “Lietuvos energija”, by Article 1 of which it amended the Law on the Reorganisation of the Special Purpose Company “Lietuvos energija” (wording of 18 May 2000) and set it forth as follows:

THE REPUBLIC OF LITHUANIA’S LAW ON THE REORGANISATION OF THE SPECIAL PURPOSE COMPANY ‘LIETUVOS ENERGIJA’”

Article 1. Purpose of the Law

1. This Law shall establish the method and procedure of reorganisation of the special purpose company ‘Lietuvos energija’.

2. The requirements of Paragraphs 6, 10 and 14 of Article 54, Paragraph 2 of Article 66, Articles 67 and 68, Paragraphs 1, 2 and 3 of Article 69, Paragraphs 2 and 3 of Article 70, Paragraphs 2 and 4 of Article 71, Paragraphs 1 and 10 of Article 72 of the Law on Companies shall not apply to the reorganisation of the special purpose company ‘Lietuvos energija’. Other articles of the Law on Companies and other laws of the Republic of Lithuania, when reorganising the special purpose company ‘Lietuvos energija’, apply only to the extent that this law does not provide different.

Article 2. Method of Reorganisation

1. The special purpose company ‘Lietuvos energija’ shall be reorganised according to the method of division of companies, i.e. by separating from the special purpose company ‘Lietuvos energija’, which shall continue its activity after reorganisation as a company, the parts of property, rights and obligations and by establishing new companies based on them. Prior to reorganisation of the special purpose company ‘Lietuvos energija’ by the method of division (prior to confirmation of the project of reorganisation), a company shall be established on the basis of the property auxiliary and utility property assigned to the ‘Lietuvos elektrinė’, the subsidiary of this company, the shares of which shall be transferred to the ownership of the municipality of Elektrėnai, thus, reducing the authorised capital of the special purpose company ‘Lietuvos energija’ and the number of shares of the special purpose company ‘Lietuvos energija’ owned by the state. The facilities of production and engineering infrastructure, social objects and buildings (their parts) of the special purpose company ‘Lietuvos energija’ must be transferred, by means of a government resolution, to the ownership of municipalities, thus, reducing the authorised capital of the special purpose company ‘Lietuvos energija’ and the number of shares of the special purpose company ‘Lietuvos energija’ owned by the state. The notice about the reduction of the authorised capital of the special purpose company ‘Lietuvos energija’ shall be publicly announced twice, with at least 14 days period. Amendments to the articles of association related to the reduction of the authorised capital of the special purpose company ‘Lietuvos energija’ shall be registered at the registry of enterprises not earlier than 14 days after the second public announcement of the reduction of the authorised capital was made and additional guarantees were given to the creditors requesting them.

2. The property assigned to regional affiliated units of electricity network exploitation, except 330 kV and 110 kV voltage electricity networks as well as buildings, constructions, and equipment needed to operate and administer them, as well as other property, shall be separated from the special purpose company ‘Lietuvos energija’. On the basis of property assigned to the individual regional affiliated units of electricity network exploitation an economically reasonable company (companies) of electricity distribution network shall be established.

3. The property assigned to the affiliated units ‘Lietuvos elektrinė’ and ‘Mažeikių elektrinė’ and used by them for their principal activity shall be separated from the special purpose company ‘Lietuvos energija’. On the basis of this property the companies ‘Lietuvos elektrinė’ and ‘Mažeikių elektrinė’ shall be established. The ‘Energetikos remontas’ in Kaunas shall remain a subsidiary of the company “Lietuvos energija” until 2005.

4. In order to enable it to perform the functions, all the property of the reorganised special purpose company ‘Lietuvos energija’ which remained and was not transferred to newly established companies shall be assigned to the company ‘Lietuvos energija’ which continues its activity after the reorganisation.

Article 3. Procedure of Reorganisation

1. After the Seimas consents to the presented distribution of the authorised capital and obligations (duties) between the newly established companies which is provided for in the project of reorganisation, and after the Government consents to the entire submitted project of reorganisation, the general meeting of the shareholders of the special purpose company ‘Lietuvos energija’ by at least 2/3 majority vote may adopt a decision to reorganise the company and to approve the project of reorganisation and prepared articles of association of the companies which are newly established during the reorganisation.

2. The shares of the companies established on the basis of property of affiliated units and divisions of the special purpose company ‘Lietuvos energija’ (‘Kruonio HAE statybos valdyba’, ‘Šiaulių energetikos statyba’, ‘Elektros tinklų statyba’, ‘Gelžbetoninių atramų gamykla’, and hotel ‘Elektra’), which are engaged in activity other than the principal activity of the company, must, until 31 December 2002 the latest, be transferred to the shareholders of the companies which are newly established after the reorganisation in proportion to the number of shares of these companies owned by them, thus, respectively reducing the authorised capital of the special purpose company ‘Lietuvos energija’ and transferring the shares owned by the company to the state-owned enterprise ‘Valstybės turto fondas’. A notice about the reduction of the authorised capital of the company ‘Lietuvos energija’ shall be made public twice, with at least 14 days period. The amendments to the articles of association related to the reduction of the authorised capital of the company ‘Lietuvos energija’ shall be registered at the registry of enterprises no earlier than 14 days after the second public announcement of the reduction of the authorised capital was made and additional guarantees were given to the creditors requesting them.

3. During the reorganisation the property of the special purpose company ‘Lietuvos energija’ shall be assessed and calculated according to the residual balance value, pursuant to the Law on the Principles of Accounting and other legal acts.

4. After the reorganisation of the special purpose company ‘Lietuvos energija’, the shares of the shareholders of the special purpose company ‘Lietuvos energija’ shall be distributed in proportion to the authorised capitals of the company ‘Lietuvos energija’ which continues its activity after the reorganisation and companies established by way of reorganisation.

5. The confirmed project of reorganisation and the minutes of the general meeting of the shareholders which approved it must be handed over to administrator of the registry of enterprises not later than with 5 working days from the date of the meeting during which the project of reorganisation was confirmed.

6. The announcements about the reorganisation of the special purpose company ‘Lietuvos energija’ shall be made twice, with at least 14 days period.

7. All rights and obligations (duties) of the reorganised special purpose company ‘Lietuvos energija’ shall be transferred to the companies which shall function after the reorganisation. The reorganised special purpose company ‘Lietuvos energija’ must give additional guarantees on fulfilment of its obligations to every creditor who requests them. The issue of the right of subrogation against the Belarus state-owned energy concern ‘Belenergo’ concerning the submitted electricity shall be decided by the Government of the Republic of Lithuania.

8. The companies established during the reorganisation of the special purpose company ‘Lietuvos energija’ and their articles of association shall be registered after the founding meetings of the shareholders, pursuant to the Law on Registry of Legal Persons. Instead of the association agreement the companies which are established during the reorganisation shall submit the minutes of the general meeting of the shareholders of the special purpose company ‘Lietuvos energija’ which approved the project of reorganisation.

9. The guarantees issued by the state to the banks regarding credits granted to the special purpose company ‘Lietuvos energija’ shall apply in regard of the companies functioning after the reorganisation which have taken over the obligations under the aforementioned credits.

10. In the project of reorganisation of the special purpose company ‘Lietuvos energija’ one must establish, after coordination with the Ministry of Finance, the handover of the obligations of the special purpose company ‘Lietuvos energija’ under the credits received on behalf of the state or with a guarantee of the state.

11. Until the Law on Electricity becomes effective and legal acts related to its implementation are drafted, relations between the company ‘Lietuvos energija’ which continues its activity after the reorganisation of the special purpose company ‘Lietuvos energija’ and the companies which are newly established during the reorganisation in the area of production, transfer and distribution of electricity and other areas, must be established in the project of reorganisation of the special purpose company ‘Lietuvos energija’.

12. Relations between the reorganised company ‘Lietuvos energija’ and the company ‘Mažeikių elektrinė’ while administering the closed distribution unit of 110 kV voltage must be established in a bilateral agreement, which should provide for a free and non-taxable transfer of electricity produced by the generators of the company ‘Mažeikių elektrinė’ through this distribution unit to a closed distribution of 6 kV voltage of this power plant.

13. When reorganising the special purpose company ‘Lietuvos energija’, the losses of taxes which originate in the special purpose company ‘Lietuvos energija’ after deduction of funds allocated for investment from the general income made according to the method of calculation established in Item 2 of Paragraph 1 of Article 21 of the Law on Taxes on Profits of Legal Persons shall be proportionally transferred by considering a part of value of the long-term material assets remaining to the company ‘Lietuvos energija’ which continues its activity after the reorganisation and transferred to the companies established by the reorganisation, to which the method of calculation of funds allocated for investment established in Item 2 of Paragraph 1 of Article 21 of the Law on Taxes on Profits of Legal Persons was applied.”

3. The doubts of the petitioner concerning the compliance of the impugned articles (parts thereof) of the Law with Article 23 of the Constitution are based on the statement that under the Law the special purpose company “Lietuvos energija” was reorganised without applying the requirements of articles (parts thereof) of the Law on Companies which are specified in Paragraph 2 of Article 1 of the Law and by applying other articles of the Law on Companies and other laws to the extent that the Law does not provide otherwise, but according to a different method, which is consolidated in the Law itself, and according to a different procedure, which is established in the Law itself, and thus, in the opinion of the petitioner, property rights of the shareholders of the aforementioned company have been violated (restricted).

It should be noted that the petitioner does not impugn the compliance of Paragraph 2 of Article 1 of the Law with the Constitution.

4. Under Article 23 of the Constitution, property shall be inviolable (Paragraph 1); the rights of ownership shall be protected by law (Paragraph 2); property may only be seized for the needs of society in accordance with the procedure established by law and shall be justly compensated for (Paragraph 3).

5. When regulating economic activity so that it serves the general welfare of the Nation, the state (Paragraph 3 of Article 46 of the Constitution) may adopt decisions concerning the reorganisation or other restructuring of enterprises belonging (fully or partially) to the state under the ownership right. Such decisions usually imply the establishment of equal requirements to economic subjects (enterprises). On the other hand, particularities of activity of individual enterprises, especially when they are of strategic importance, gain a dominant role in production or the market etc., may cause a differentiated legal regulation of their reorganisation or other restructuring, which in itself should not be considered as being not in line with the Constitution. However, it should be stressed that when reorganising or restructuring enterprises, in which the state has shares, in other way, one may not violate the rights (inter alia, property rights) of the shareholders.

6. Paragraph 1 of Article 2 of the Law has consolidated, inter alia, one of the possible methods of reorganisation of the special purpose company “Lietuvos energija”: it is reorganised according to the method of division of companies; a rule is entrenched in Paragraph 4 of Article 3 of the Law that after the reorganisation of the special purpose company “Lietuvos energija” the shares owned by the shareholders of this company shall be distributed in proportion to the authorised capitals of the company “Lietuvos energija” which continues its activity after the reorganisation and companies established by reorganisation; Paragraph 2 of Article 3 of the Law has laid down, inter alia, the rule that the shares of the companies established on the basis of property of affiliated units and divisions of the special purpose company “Lietuvos energija”, which are engaged in activity other than the principal activity of the company, must be transferred to the shareholders of the companies which are newly established after the reorganisation in proportion to the number of shares of these companies owned by them.

6.1. The fact that according to the Law the special purpose company “Lietuvos energija” is reorganised under the method of division of companies should not be considered in itself as a violation of property rights of the shareholders.

It is worth noticing that such method of reorganisation of companies was defined in Paragraph 1 of Article 63 (wording of 13 July 2000) of the Law on Companies, which was effective at the time of coming into effect of the Law, as well.

6.2. The fact that according to the Law, after the reorganisation of the special purpose company “Lietuvos energija” the shares owned by the shareholders of this company are distributed in proportion to the authorised capitals of the company “Lietuvos energija” which continues its activity after the reorganisation and companies established by reorganisation, as well as that the shares of specified in this paragraph the companies established on the basis of property of affiliated units and divisions of the special purpose company “Lietuvos energija”, which are engaged in activity other than the principal activity, must be transferred to the shareholders of the companies established upon reorganisation in proportion to the number of shares of the company owned by them, should not, in itself, be considered a violation of property rights of the shareholders, as in the aforementioned cases all shareholders were treated equally, their shares have not been forfeited, the administration and use of the shares or the disposal thereof has not been limited, and the shareholders did not lose the rights, including the property ones, originating from the possession of shares.

It should be stressed that a possibility to apply the rule of proportionate distribution of shares was provided for in Paragraph 2 of Article 64 (wording of 13 July 2000) of the Law on Companies which was effective at the moment of coming into effect of the Law, as well.

7. Having taken account of the aforementioned arguments, one should conclude that the following provisions are not in conflict with Article 23 of the Constitution:

1) the provision of Paragraph 1 of Article 2 of the Law that the special purpose company “Lietuvos energija” is reorganised according to the method of division of companies;

2) the provision of Paragraph 2 of Article 3 of the Law that the shares of specified in this paragraph companies established on the basis of property of affiliated units and divisions of the special purpose company “Lietuvos energija”, which are engaged in activity other than the principal activity, must be transferred to the shareholders of companies established upon reorganisation in proportion to the number of shares of the company owned by them;

3) the provision of Paragraph 4 of Article 3 of the Law that upon reorganisation of the special purpose company “Lietuvos energija” the shares of the shareholders of this company are distributed in proportion to the authorised capitals of the company “Lietuvos energija” which continues its activity after reorganisation and the companies established under the reorganisation.

Conforming to Articles 102 and 105 of the Constitution of the Republic of Lithuania and Articles 1, 53, 54, 55, and 56 of the Law on the Constitutional Court of the Republic of Lithuania, the Constitutional Court of the Republic of Lithuania gives the following

ruling:

1. To recognise that the provision of Paragraph 1 of Article 2 of the Republic of Lithuania’s Law on the Reorganisation of the Special Purpose Company “Lietuvos energija” (wording of 28 June 2001) that the special purpose company “Lietuvos energija” is reorganised according to the method of division of companies is not conflict with the Constitution of the Republic of Lithuania.

2. To recognise that that the provision of Paragraph 2 of Article 3 of the Republic of Lithuania’s Law on the Reorganisation of the Special Purpose Company “Lietuvos energija” (wording of 28 June 2001) that the shares of specified in this paragraph companies established on the basis of property of affiliated units and divisions of the special purpose company “Lietuvos energija”, which are engaged in activity other than the principal activity, must be transferred to the shareholders of companies established upon reorganisation in proportion to the number of shares of the company owned by them is not in conflict with the Constitution of the Republic of Lithuania.

3. To recognise that that the provision of Paragraph 4 of Article 3 of the Republic of Lithuania’s Law on the Reorganisation of the Special Purpose Company “Lietuvos energija” (wording of 28 June 2001) that upon reorganisation of the special purpose company “Lietuvos energija” the shares of the shareholders of this company are distributed in proportion to the authorised capitals of the company “Lietuvos energija” which continues its activity after reorganisation and the companies established under the reorganisation is not in conflict with the Constitution of the Republic of Lithuania.

This ruling of the Constitutional Court is final and not subject to appeal.

The ruling is pronounced in the name of the Republic of Lithuania.

Justices of the Constitutional Court:           Armanas Abramavičius

                                                                                Egidijus Jarašiūnas

                                                                                Egidijus Kūris

                                                                                Kęstutis Lapinskas

                                                                                Zenonas Namavičius

                                                                                Augustinas Normantas

                                                                                Jonas Prapiestis

                                                                                Vytautas Sinkevičius

                                                                                Stasys Stačiokas