Lawyer Gintaras Černiauskas in the political corruption case defends general manager and chief editor of the most prominent Lithuanian company managing the media. The following criminal case caused resonance in society because the charges were brought against the member of the European Parliament, who was appointed as the President of the Republic of Lithuania. This is a case of a considerable volume and high complexity. It may become a precedent case in Lithuania courts' practice regarding operational actions as well as the sufficiency of personal responses to recognise it as a trade of impact.

  Professional Legal Partnership „Černiauskas and partners" represents a company and its manager in a legal dispute regarding the authorized person's business information, honor, and dignity. The case is related to controversial statements announced in the media about the company and its officials.

    In this legal dispute, the questions are raised about the false statements, spread via media, limiting freedom of expression and forming possibly wrong public opinion. In the case, we practically encountered with politics and law collision, right to a fair trial in independent and impartial court (like the right of the Convention for the Protection of Human Rights and Fundamental Freedoms in article 6 „Protected persons right".

    Professional Legal Partnership „Černiauskas and partners“ advocate Artūras Andriukaitis defended his client in Kaunas Regional Court criminal case, where his client was charged with the severe crime. In the decision of 2016-03-30, Kaunas Regional Court gave a verdict, and the client was fully acquitted. The prosecutor appealed the verdict. On 2017-04-06 the Court of Appeal of Lithuania rejected the appeal. Finally, after the successful criminal case ended, Professional Legal Partnership „Černiauskas and partners" advocate Artūras Andriukaitis continued to represent the client in the civil case regarding property and non-pecuniary damage remuneration from the Republic of Lithuania for groundless prosecution and implied preventive measures in respect of client. The result was achieved on 2018-02-23, then Alytus district court concluded that for groundless client prosecution Republic of Lithuania is ordered to pay a fixed amount of money to the client.

    Currently, the case is under consideration in Panevėžys Regional court in the appeal procedure.

    We are proud by the results of this case, and we can claim, that „we managed what others could not ". In 2017 a lawsuit of high resonance was submitted regarding registration of property of vacation houses in Šventoji. Mažeikiai district municipality did not manage to register houses and property rights built in 1968. But Professional Legal Partnership „Černiauskas and partners" managed to achieve victory regarding Šventoji rest house property registrations

    Professional Legal Partnership „Černiauskas and partners" initiated legal disputes with State data protection inspection, during which a unified practice was formed regarding the use of personal data.

The question, in this case, was raised whether a data received by a location device is to be considered as personal data.

The Supreme administrative court of Lithuania in Decision No. eA-2333-525/2016 of 7th December 2016 ruled that concerned data (car‘s movement trajectory, movement start and finish time, average ad maximum driving speed etc.) is to be considered as a personal data because it indirectly may be related with a specific person, i.e. employee who used the car during the relevant period.

    Professional Legal Partnership „Černiauskas and partners" advocate Artūras Andriukaitis defended his client resolving his extradition to Lithuania issue according to the European Arrest Warrant.

Convicted by a Panevėžys district court in a criminal case for committing a serious crime, the client was sentenced to a custodial sentence. With cooperation with the Irish lawyers, advocate Artūras Andriukaitis achieved, that the client is not extradited to the Republic of Lithuania from Ireland, where he currently lived.

Currently, the statute of limitation has expired for the judgment of conviction.

    Since the end of 2015 m. Professional Legal Partnership „Černiauskas and partners" is participating in the continuous unprecedented case and representing a group of people, to whom the harm was caused during their direct work and carrying out their duties in Ukmergė district court. The court was polluted with mercury, and the damage was caused to the court's workers.

For the first time, mercury was found in court premises in January 2003. In December 2012 during reconstruction mercury was found again and there were collected about 3 kg of it.

Legal Partnership „Černiauskas and partners"lawyers are representing 28 plaintiffs (current and former judges, judicial workers, prosecutors and attorneys at law) against the representative of Lithuania state – the Government of Republic of Lithuania, which is represented by National Court Administration, National Public Health Center to the Ministry of Health, Fire and Rescue Department to the Ministry of the Interior.

By this case, it was aimed not only to compensate the damage to the victims but also to draw attention to the regulatory gaps, show the mistakes of institutions, its inefficiency during such extreme situation and when eliminating the consequences. A discussion was held with the representatives of the Ministry of Health care, Social Security and labor regarding the mentioned issues.

On appeal instance, we managed to prove thatevaporating mercury caused harm for the victims for nearly 10 years. The fault of the state and its institutions was confirmed for the ineffective actions eliminating the consequences of the extreme situation. There was also an obligation to ensure control to prevent the recurrence of such cases, the failure to comply with them and the victims' compensation of up to € 25,000 to € 50,000 of non-pecuniary damage.

    Professional Legal Partnership „Černiauskas and partners“ was preparing a petition to European Court of Human Rights (ECHR) against the Republic of Lithuania regarding Convention for the Protection of Human Rights and Fundamental Freedoms articles 8 and 6, that ensure the right to respect private family life and a right to a fair trial.

Although according to the statistics more than 90 % of petitions in ECHR are considered as inadmissible, petition prepared by Professional Legal Partnership „Černiauskas and partners“ was admitted. The issues raised in this case were relevant not only for Lithuanian courts but also for the whole of Europe.

In this case, the issues raised regarding the role of public institutions in sensitive divorce cases, when the decision is made regarding children residence with one of the parents. ECHR also analyzed often "Parental Alienation Syndrome” phenomenon.

Professional Legal Partnership represented German citizen in a dispute against the Republic of Lithuania, in which public institution National Land Service under the Ministry of Agriculture of the Republic of Lithuania was demanded to compensate the damage caused by its ineffectiveness.

    After the acquisition of the land, foreign citizen expected to deal with legal adjustment of land plot boundaries and start actual land plot managing works to settle in Lithuania. However, the state institution was delaying procedures and maliciously did not carry out the statutory actions. Although after long procedural disputes and intervention of Professional Legal Partnership lawyers, which caused disciplinary sanctions to specific workers, land plot issues have been solved, the inefficiency of state institution discredited whole Lithuania and encouraged to initiate mentioned legal dispute regarding compensation of damage. The Supreme Administrative Court of Lithuania ordered a compensation of loss to be paid.

   This case ended in the spring of 2017 with the first victory of the client represented by the lawyer's professional partnership "Černiauskas and partneriai". Kaunas district court in June 2018 stated that personal data was stolen from “UAB GROŽIO CHIRURGIJA” due to insufficient personal data protection and ordered “UAB GROŽIO CHIRURGIJA” to pay 1000 EUR property and 7000 EUR non-pecuniary damage. This decision was appealed by “UAB GROŽIO CHIRURGIJA”.

    Legal Partnership „Černiauskas and partners" is representing a group of more than 120 people in the civil group action. The mentioned group initiated a group suit regarding a right to acquire ownership of land plots without auction owned by the Lithuania state that is in the territory of the gardeners' community "Baltasis gandras", located in Kaunas. After persistent process during which even 5 times courts solved acceptance of the claim issue, the Court of Appeal of Lithuania declared plaintiffs, as members of the group, right to file a lawsuit and solve the case by applying group suit rules.

    The legal demand to file a group lawsuit occurred because of the situation that during the occupation of Lithuania period in the territory of Lithuania was deployed by military units that nationalized land plots. Military unit leadership, having an agreement by the city executive committee, formed and transmitted to its members the land for horticulture and gardening purposes. Actually and legally the territory belonging to the military unit was divided into gardening purposes land plots with all necessary infrastructure and the community „Baltasis gandras" was established allowing the community members to build gardening objects.

    After the restoration of the independence of the Republic of Lithuania, the military unit territory has been transferred to the horticulture and gardening community "Baltasis gandras."

    By decision of the Supreme Court of Lithuania "Baltasis gandras" was recognized as having no rights of the gardeners' community, since its actual controlled territory was not formed and transmitted for the horticulture purposes, but was for gardening purposes. However, not a single legal act of the Republic of Lithuania defines the rights and duties of gardeners and does not determine what the community of caretakers actually differs from the gardener's community.

    The rule was that from 1952 to 1979 the persons who actually managed the land plots, and also have built up residential or garden buildings, have no rights to their legally acquired property.

    From the moment when the land plot used by the community was transferred to the Republic of Lithuania, "Baltasis gandras" members, acting in the name of community and individually united into groups and perpetually send the application to various Lithuanian institutions, initiated meetings with responsible officers and appealed to the court.

    Unfortunately, situation till this day has not changed, and everyone, without exception of "Baltasis gandras" members, has become a victim of improper regulation of the legal system and incapacity of the institutions. Due to this reason Professional legal partnership „Černiauskas and partners" aim to change the formatted the wrong situation and initiated judicial process, which hopefully will help to return long-term gardening community members the land they use and also to recover the trust in the legal state.

    Legal Partnership „Černiauskas and partners" successfully represented more than 110 apartment owners against the developer and builder of the residential houses projects regarding the recognition of ownership of a parking lot located at their house. In this situation, there was a dispute between the majority of apartment owners and the apartment builder about the acquisition of property rights for a car park. During the purchase of apartments, the ownership rights of the car park were not transferred to the owners of apartment blocks; therefore the house builder demanded that the owners of the apartments rent or buy parking spaces located at the house for an additional cost.

    Although the car park, which was intended to award ownership rights to the owners of the apartments, is not a plot of land, part of the underground and terrestrial car parks, the fact was, that the ownership rights were attributed to the part of the building (car storage).

     Professional Legal Partnership „Černiauskas and partners" lawyers managed to prove and convince the court, that the price of the car lot is also included in the sale price of the apartments, although the purchase and sale contracts for apartments did not indicate it directly. The court upheld the suit of the apartment owners and awarded to them the ownership of the apartments parking rights.