2024-05-01 14:55:44
“Žalgiris” arena filed an appeal with the Kaunas District Court, asking to cancel the aforementioned decision and dismiss the brothers’ claim.
The panel of judges decided on the 2023 decision of the Kaunas district court. November 28 to leave the decision unchanged and awarded the brothers EUR 2,623.66 in legal costs incurred in the court of appeal, the Kaunas District Court reported.
The ruling of the Kaunas District Court entered into force on the day of acceptance.
ELTA reminds that in the March 2013 Euroleague match between Zalgiris and Real Madrid teams, after the Spanish club won, a conflict occurred between N. Macio and Real Madrid basketball player Rudy Fernandez.
Due to the conflict, a pre-trial investigation was started, and the organizer of the “Euroleague” competition and the “Žalgiris” basketball club decided that the Maciai brothers lose the right to enter any competition of the tournament and they are prohibited from visiting the premises of “Kaunas Arena”.
In the case, the Maciai brothers submitted demands to oblige “Kaunas Arena” to let them into the building. The plaintiffs relied on the fact that, in fact, their right to enter the arena, even in cases where there is no “Euroleague” competition, is restricted.
Kaunas Arena motivated its refusal to change the decision made in March 2013 by the fact that the plaintiffs publicly express a mocking attitude towards the violent attack, are proud of it, and pose a threat to security.
The Kaunas District Court noted that there is no data in the case that would allow us to claim that the Maciai brothers have committed similar violations of public order since 2013 or that such behavior would be repeated.
The case also established that no real assessment of the risk of increased unwanted behavior was carried out in relation to the plaintiffs – “Kauno Arena” made a long-term decision to deny access to all buildings managed by the arena, refused to provide the service to persons who paid for it, regardless of the nature of the organized events, premises into which customers are admitted, regardless of the time period that has passed since the violation was committed.
The court ruled that the refusal to let the Macius brothers into the arena was considered unreasonable and ordered the plaintiffs to enter the building with the rights of spectators of “Kaunas Arena” sports events, clients of wellness or service providers, or other visitors to Kaunas “Žalgiris” Arena. However, they would not be allowed to participate in Euroleague matches.
2024-05-01 14:55:44