Proceedings concerning Moscow House in Vilnius have been completed

Today the Supreme Administrative Court of Lithuania has examined the appeal of Moscow House whereby the judgement of the court of first instance on dismissal of the appeal of Moscow House against the Municipality for refusal to coordinate design solutions for construction of Moscow House (arbitrary legalisation of construction) was appealed against in final instance.

The Court has dismissed the appeal lodged by Moscow House by a final procedural decision.

‘Today, the Supreme Administrative Court has drawn a line in our history with Moscow House. We were right to object to further construction and Moscow House were wrong. We will not let them make a fool of us.  I am glad that today, after passing a final judgement not subject to appeal, I can say thank you not only on my own behalf but also on behalf of Vilnius Municipality and our State!,’ said the Mayor of Vilnius City Remigijus Šimašius.

The Court has ruled that although such court judgement restricts the freedom of economic activity of Moscow House guaranteed by the Construction, such restriction is imposed if it is determined that a failure to impose such restriction would prejudice public interest, national security as the value which is relevant to the society as a whole where the risk of such prejudice is assessed on the basis of relevant factual data, i.e. as is to be decided on the changing need for protection of the relevant values which are significant to the whole security. In the given case, the restriction imposed on the applicant is necessary for ensuring the public interest; thus, the imposed restriction is a proportionate measure.

The Court has also noted that the applicant itself does not argue the essential circumstance which calls the lawfulness of the judgement of the court of first instance into question. That is to say, the applicant does not argue that Moscow House as an object which may pose a threat to national security would not engager national security.

Today the Supreme Administrative Court of Lithuania has examined the appeal whereby the judgement of the court of first instance on dismissal of the appeal of Moscow House against the Municipality for refusal to coordinate design solutions for construction of Moscow House (arbitrary legalisation of construction) was appealed against in final instance. The Court has dismissed the appeal lodged by Moscow House by a final procedural decision.