L. Augytė-Kamarauskienė assisted a debtor in obtaining a favourable judgement from the Lithuanian court on the suspension of cross-border debt enforcement

L. Augytė-Kamarauskienė assisted a debtor in obtaining a favourable judgement from the Lithuanian court on the suspension of cross-border debt enforcement

After having examined the four complaints concerning the bailiff’s actions separately filed by all the parties to the enforcement proceedings, Kaunas Regional Court has rendered a judgement balancing the interests between the debtor and the party seeking enforcement in the enforcement proceedings.

The interested parties are the German company Lufthansa Technik AERO Alzey GmBH (the party seeking enforcement), the Nigerian company Arik Air Limited in receivership (the debtor), the bailiff, and the mortgage creditor. The bailiff in Lithuania was acting under a European Enforcement Order issued by a court in Germany.

The court held that if no suspension of the enforcement were granted and if, based on the European Enforcement Order issued by the court in Germany, the enforcement of the debt of over 2 million Euros were made against the aircraft Boeing 737-86N owned by the debtor and situated in Lithuania, it would result into disproportionate measures, which would infringe the balance of the interests between the parties.

The enforcement was against the aircraft owned by the Nigerian company carried to Lithuania for repairs and attached by the bailiff.

Associate Partner L. Augytė-Kamarauskienė of Glimstedt Law Firm represented the debtor in Lithuania and assisted in obtaining a favourable judgement pending settlement of the dispute between the parties in Germany.

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