Supreme Court of Lithuania finds truck confiscation disproportionate
Stage at which the case concluded
Two applications were made to the Supreme Court of Lithuania, and the proceedings were reopened.
A truck owner contacted our firm after his vehicle was ordered confiscated for an administrative offense committed by someone else: illegally transporting Belarusian cigarettes from Belarus to Lithuania. The offender had been penalized under Article 210(2) of the former Code of Administrative Law Offenses (ATPK). Vilnius Regional Court ordered confiscation on appeal.
The central issue was whether confiscation as an additional penalty was proportionate when the owner had not committed the offense. By the time the client contacted us, the three-month filing deadline had passed, so we first needed permission to file late.
A reasoned application secured permission to file late and reopening of the proceedings. The Supreme Court of Lithuania found the regional court’s ruling unjustified and remanded the case for a new appellate hearing. Vilnius Regional Court again ruled against the owner, requiring a second application to the Supreme Court.
The Supreme Court granted the second application to reopen the proceedings. It found confiscation clearly excessive and disproportionate in this case, contrary to the principles of justice and reasonableness. It left the first-instance decision in effect, and the truck was not confiscated.
After two applications to the Supreme Court of Lithuania, confiscation was found clearly excessive, and the truck remained with its owner.