Outstanding Judgment of a Court of First Instance to Dismiss a Claim as a Ground for Annulment of Interim Protection Measures – Reality or Theory?


Interim protection measures can be applied by the court when two conditions are met:

  • the claim is presumably grounded and
  • when not application of such measures can impede enforcement of a court judgement or make it impossible.

There is no consistent case-law on whether outstanding decision to dismiss the claim of a court of First Instance constitutes legal basis to conclude that the first condition to apply interim protection measures is not met and therefor such measures can be annulled upon the request of the interested party, or not?
Following the authors’ opinion, the decision of the court of the First Instance, even though not in force, constitutes legal ground to apply for and annul the interim protection measures as the first condition for them to be applied becomes nonexistent when the claim is dismissed.

Associate Partner, Attorney at Law Jonas Platelis and Associate Lukas Seržantas have provided a wider look into the issue of annulment of interim protection measures.

Whole article in Lithuanian can be found here

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