Supreme Administrative Court of Lithuania
18 May 2012
Facts
The applicant complained about the established easement and the related decision of the National Land Service.
Complaint
The applicant requested that the decision of the regional administrative court be overturned and a new decision be made. The appeal is based on deficiencies in the reasoning of the lower court.
Court‘s ruling
The right to formulate the subject matter of the complaint – a substantive legal claim against the defendant – and its basis – the circumstances on which the claim is based – belongs to the applicant. The court noted that the basis and subject matter of the complaint formulated by the applicant in the court of first instance, i.e. the limits of the legal relationship disputed by the applicant, not only determine the limits of the examination of the case in the court of first instance, but also essentially determine the limits of the examination of the case in the court of appeal. The grounds for the complaint indicated by the applicant must be related to the subject matter of the complaint and must not exceed the limits of the substantive legal claim against the defendant. Therefore, in cases where the applicant's arguments and circumstances are not related to the subject matter of the complaint or exceed the limits of the substantive legal claim against the defendant, they are generally not reviewed by the court as superfluous.
After assessing the specific circumstances of the case, the complaint was dismissed.