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On accepting a petition of the petitioner

 

THE CONSTITUTIONAL COURT OF THE REPUBLIC OF LITHUANIA

DECISION

ON ACCEPTING THE PETITION OF A PETITIONER

22 March 2007

Vilnius

The Constitutional Court of the Republic of Lithuania, composed of the Justices of the Constitutional Court: Armanas Abramavičius, Toma Birmontienė, Egidijus Kūris, Kęstutis Lapinskas, Zenonas Namavičius, Ramutė Ruškytė, Vytautas Sinkevičius, Stasys Stačiokas, and Romualdas Kęstutis Urbaitis

The court reporter—Daiva Pitrėnaitė

The Constitutional Court of the Republic of Lithuania, in its procedural sitting, has considered the petition (No. 1B-16) of the Supreme Administrative Court of Lithuania requesting an investigation into whether Paragraph 2 of Article 5 of the Natural Gas Law and the provision “licences to transmit, distribute and store gas are issued to enterprises who have the gas systems under the ownership right or use them in any other legal ways” of Item 10 of the Regulations of Licensing the Transmission, Distribution, Storage and Supply of Natural Gas as approved by the 19 June 2001 resolution (No. 743) of the Government of the Republic of Lithuania are not in conflict with Articles 46 and 54 of the Constitution of the Republic of Lithuania.

The Constitutional Court

has established:

The Supreme Administrative Court of Lithuania, the petitioner, considered an administrative case. By its ruling, the said court suspended the consideration of the case and applied to the Constitutional Court with the petition requesting an investigation into whether Paragraph 2 of Article 5 of the Natural Gas Law of the Republic of Lithuania and the provision “licences to transmit, distribute and store gas are issued to enterprises who have the gas systems under the ownership right or use them in any other legal ways” of Item 10 of the Regulations of Licensing the Transmission, Distribution, Storage and Supply of Natural Gas as approved by the Resolution of the Government of the Republic of Lithuania (No. 743) “On the Approval of the Regulations of Licensing the Transmission, Distribution, Storage and Supply of Natural Gas” of 19 June 2001 are not in conflict with Articles 46 and 54 of the Constitution of the Republic of Lithuania.

This petition of the Supreme Administrative Court of Lithuania, the petitioner, was received at the Constitutional Court on 8 March 2007.

The Constitutional Court

holds that:

The petition of the Supreme Administrative Court of Lithuania, the petitioner, virtually meets the requirements established in the Law on the Constitutional Court.

Conforming to Paragraph 1 of Article 102 of the Constitution of the Republic of Lithuania, Paragraph 1 of Article 28 and Article 67 of the Law on the Constitutional Court of the Republic of Lithuania,

The Constitutional Court of the Republic of Lithuania adopts the following

decision:

To accept the petition of the Supreme Administrative Court of Lithuania, the petitioner, requesting an investigation into whether Paragraph 2 of Article 5 of the Natural Gas Law of the Republic of Lithuania and the provision “licences to transmit, distribute and store gas are issued to enterprises who have the gas systems under the ownership right or use them in any other legal ways” of Item 10 of the Regulations of Licensing the Transmission, Distribution, Storage and Supply of Natural Gas as approved by the Resolution of the Government of the Republic of Lithuania (No. 743) “On the Approval of the Regulations of Licensing the Transmission, Distribution, Storage and Supply of Natural Gas” of 19 June 2001 are not in conflict with Articles 46 and 54 of the Constitution of the Republic of Lithuania.

Justices of the Constitutional Court:               Armanas Abramavičius

                                                                                    Toma Birmontienė

                                                                                    Egidijus Kūris

                                                                                    Kęstutis Lapinskas

                                                                                    Zenonas Namavičius

                                                                                    Ramutė Ruškytė

                                                                                    Vytautas Sinkevičius

                                                                                    Stasys Stačiokas

                                                                                    Romualdas Kęstutis Urbaitis