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On restoration of the validity of a legal act

 

 

PRESIDENT OF THE CONSTITUTIONAL COURT OF THE
REPUBLIC OF LITHUANIA

ANNOUNCEMENT

ON RESTORING 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

 

26 February 2010

Vilnius

 

On 19 May 2009, the official gazette “Valstybės žinios” (2009, No. 58-2252) officially published the announcement of the President of the Constitutional Court of the Republic of Lithuania that until publishing of a Constitutional Court ruling in 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.

On 26 February 2010, the Constitutional Court adopted the Ruling “On the compliance 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, 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 with the Constitution of the Republic of Lithuania” in which it was ruled:

1. To recognise that 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 (Official Gazette Valstybės žinios, 2004, No. 8-185) to the extent that the Government of the Republic of Lithuania assented to selling 34 percent of the shares (which belonged to the state by right of ownership) of the joint-stock company “Lietuvos dujos” to the public joint-stock company “Gazprom” and empowered the Director General of the state enterprise State Property Fund to sign, on behalf of the Government of the Republic of Lithuania, the Agreement on Purchase and Sale of the Shares and annexes to this agreement are not in conflict with Constitution of the Republic of Lithuania.

2. To recognise that 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 (Official Gazette Valstybės žinios, 2004, No. 42-1386) is not in conflict with the Constitution of the Republic of Lithuania.

Conforming to Paragraph 3 of Article 26 of the Law on the Constitutional Court of the Republic of Lithuania,

I hereby announce that, from the day of official publishing of the Constitutional Court Ruling “On the compliance 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, 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 with the Constitution of the Republic of Lithuania” of 26 February 2010, 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 restored.

 

President Kęstutis Lapinskas