On January 15, 2026, the Supreme Court of Lithuania issued a ruling in favor of CONFIDENCE’s client Ekeberg Eiendom Holding AS, overturning the decisions of the lower courts and referring the case back to the court of first instance for reconsideration.

The dispute arose over the court’s obligation to evaluate all motions filed by the parties to the proceedings. The client, represented by CONFIDENCE, had submitted alternative procedural requests: to clarify the content of the settlement agreement approved by the court ruling or to reopen the proceedings if it became apparent that the terms of the settlement agreement might be contrary to mandatory legal provisions.

However, the courts of first and appellate instance limited themselves to assessing only one request and did not, in essence, rule on the reopening of the proceedings. The Supreme Court of Lithuania took a critical view of this formalistic approach and clearly stated that courts must examine all alternative procedural requests and that the rejection of one does not remove the obligation to decide on the other.

The Supreme Court found that, without assessing the request for renewal of proceedings, one of the claims in the case had not been resolved, and therefore some of the procedural decisions that had concluded the case were overturned. The question of renewal of proceedings was referred back to the court of first instance for reconsideration.

This ruling is significant not only for this particular case, but also for court practice in general – it clearly confirms that procedural formalism cannot prevent the effective protection of a person’s rights, and that courts must assess the full scope of the claims brought. The CONFIDENCE team successfully defended the client’s interests in the case.

If you find yourself in a situation where your procedural requests are not being assessed on their merits in court, CONFIDENCE lawyers are ready to help defend your rights.