Case No 14/94-15/94                    
                                                                                
                                                                                
                 THE CONSTITUTIONAL COURT OF                                    
                  THE REPUBLIC OF LITHUANIA                                     
                                                                                
                       D E C I S I O N                                          
                                                                                
                    27 June 1994, Vilnius                                       
                                                                                
         The   Constitutional  Court  of  the  Republic   of                    
Lithuania,  composed from the Justices of the Constitutional                    
Court   Algirdas  Gailiūnas,  Kęstutis  Lapinskas,    Zigmas                    
Levickis,  Vladas  Pavilonis, Pranas Vytautas  Rasimavičius,                    
Stasys Stačiokas, Teodora Staugaitienė, Stasys Šedbaras  and                    
Juozas Žilys,                                                                   
       the secretary of the hearing - Rolanda Stimbirytė,                       
       in the procedural sitting of the Constitutional Court                    
examined  the  issue  pertaining to  the  dismissal  of  the                    
initiated legal proceedings of case No 14/94-15/94                              
                                                                                
       The Constitutional Court                                                 
                         has established:                                       
        The  petitioners - the Panel of Civil Cases  of  the                    
Supreme  Court and Vilnius 2nd District Court -  request  to                    
investigate  if item 1, Part 1, Article 26 of  the  Code  of                    
Civil   Procedure  of  the  Republic  of  Lithuania  is   in                    
compliance  with  the  first part  of  Article  109  of  the                    
Constitution of the Republic of Lithuania.                                      
        The Panel of Civil Cases of the Supreme Court, while                    
investigating the civil case in cassation procedure pursuant                    
to the suit of stock-company "Transferas" lodged against the                    
Panevėžys  city board, faced the issue of the jurisdictional                    
dependence  of  the case. The Panel of Civil  Cases  of  the                    
Supreme Court has stated that, under item 1, Part 1, Article                    
26  of  the  Code of Civil Procedure, this case as  well  as                    
other  cases  pertaining to the disputes,  the  subjects  of                    
which   are   state,   public,   co-operative   enterprises,                    
establishments  and  organizations,  are  not   within   the                    
jurisdiction  of  courts.  The material,  gathered  for  the                    
suspended case, can prove, that the issue of falling of said                    
dispute  under  the  jurisdiction of State  Arbitration  was                    
raised.  Meanwhile, in accordance with  the  first  part  of                    
Article   109  of  the  Constitution  of  the  Republic   of                    
Lithuania,  the  courts shall have the  exclusive  right  to                    
administer justice. Besides, Article 124 of the Constitution                    
establishes,  that  acts  adopted by  local  governments  in                    
violation  of the rights of citizens and organizations,  may                    
be  appealed  against in court. Due to the  above  mentioned                    
reasons, the investigation of the case was suspended and  it                    
was  decided  to  address the Constitutional  Court  of  the                    
Republic of Lithuania.                                                          
        Vilnius 2nd District Court, while investigating  the                    
civil  case pursuant to the suit of the plaintiff  -  stock-                    
company "TELE-3" - brought against the defendant - Radio and                    
TV  Centre  of  Lithuania - , also faced the  issue  of  the                    
jurisdictional  dependence of the case. The  representatives                    
of  the  defendant have specified, that in  conformity  with                    
Article 26 of the Code of Civil Procedure of the Republic of                    
Lithuania,  the case is not within the jurisdiction  of  the                    
court,  and said dispute among parties should be settled  by                    
State  Arbitration.  Therefore, Vilnius 2nd  District  Court                    
suspended said civil case and passed the ruling to apply  to                    
the Constitutional Court.                                                       
        In the first part of Article 109 of the Constitution                    
of  the  Republic  of Lithuania it is determined,  that  the                    
courts shall have the exclusive right to administer justice.                    
While realizing this constitutional provision, the Seimas of                    
the  Republic  of  Lithuania on 12 April  1994  adopted  the                    
Provisional  Law on Economic Court". In the  first  part  of                    
Article  1 of this Law it was set forth that: "A specialized                    
court  of  the  Republic of Lithuania, called  the  Economic                    
Court  of the Republic of Lithuania, is established  instead                    
of State Arbitration of the Republic of Lithuania, to ensure                    
the  court  investigation of economic disputes arising  from                    
commercial activity". In the second part of this Article  it                    
is determined, that "Economic Court shall start its activity                    
on  the  next  day  after the oath, taken by  the  appointed                    
judges to the Republic of Lithuania".                                           
        On  25  May  1994, the President of the Republic  of                    
Lithuania, by Decree No 300 appointed judges of the Economic                    
Court.  On  26 May 1994 these judges to be faithful  to  the                    
Republic   of  Lithuania.  Taking  the  fact,   that   State                    
Arbitration  of the Republic of Lithuania was liquidated  by                    
said  acts,  establishing the Economic Court  instead,  into                    
consideration, the case under investigation is actually left                    
without   the   subject   matter   of   the   dispute.   The                    
Constitutional  Court holds that this  is a ground  for  the                    
dismissal of the initiated legal proceedings. Conforming  to                    
the   fourth  part  of  Article  69  of  the  Law   on   the                    
Constitutional  Court  of  the Republic  of  Lithuania,  the                    
Constitutional Court has taken the following                                    
       decision:                                                                
       to dismiss the initiated legal proceedings of case No                    
14/94-15/94.                                                                    
                                                                                
Justices of the Constitutional Court:                                           
                                                                                
Algirdas Gailiūnas                Kęstutis Lapinskas                            
                                                                                
Zigmas Levickis                   Vladas   Pavilonis                            
                                                                                
Pranas Vytautas Rasimavičius      Stasys Stačiokas                              
                                                                                
Teodora Staugaitienė              Stasys Šedbaras                               
                                                                                
Juozas Žilys