In the first stage, the Kaunas District Court defended the violated rights of “Ekonovus” and restored the situation before the violation. Kaunas District Court on March 27. issued a decision declaring invalid the contract between the Alytus Region Waste Management Center and the company “Kauno švara” for the provision of packaging waste collection and transportation services in the Alytus region.
Kaunas District Court on April 4. also decided to apply temporary protective measures and suspended the validity of the contracts between the Alytus Region Waste Management Center and the company “Kauno švara” regarding the provision of packaging waste collection and transportation services in the city of Alytus, Alytus district, Birštonas, Prienės in the municipal territories of the district.
Before the illegal decision of the Alytus Regional Waste Management Center, the company “Ekonovus” provided packaging waste collection and transportation services in the region. According to the general director of the company, Romos Draskinis, the court made an important decision in order to protect the public interest from the potentially illegal actions of the Alytus Region Waste Management Center and “Kaunas Švara”.
“If the company Kauno švara continues to collect and transport packaging waste after the decision has been made, it would not be able to issue documents confirming waste management. If the waste management center of the Alytus region does not stop illegal actions, producers and importers selling goods packed in single-use packages would not be able to benefit from tax relief for environmental pollution – this would affect the price of the goods themselves, and residents would ultimately have to pay for the handling of the packages,” says the general director.
According to lawyer Giedrius Abromavičius, this decision is an important precedent in similar cases. “On April 4 of the Kaunas District Court the ruling by which it was decided to apply temporary protective measures and to suspend the validity of the contracts of the Alytus Region Waste Management Center and “Kaunas Švaros” until the court decision becomes law is an important decision and a significant precedent in such cases. This court order must be enforced immediately. The application of temporary protective measures usually means that, according to the court’s preliminary assessment, the contracts for the collection and transportation of packaging waste generated in the municipal waste stream between the Alytus Region Waste Management Center and “Kaunas Švara” are illegal and invalid from the moment of their conclusion,” explains the lawyer.
The Alytus Region Waste Management Center carried out public procurements through unannounced negotiations for packaging waste collection and transportation services in the city and district of Alytus, in the municipal territories of Birštonas, Prienai District, as well as in the municipal territories of Druskininkai, Lazdijai District and Varėna District, for which it had previously provided these services “Ekonovus” was not informed, and instead a contract was signed with the company “Kauno švara”. Public procurements through unannounced negotiations may be carried out only under special conditions provided for by law.
In the rubric Environment. Bookmark the permalink.