Высший административный суд Литвы
4 марта 2008 года
Facts
The applicant, UAB Gelmenys, lodged a complaint with the regional administrative court, requesting that the decisions of the Alytus Territorial Customs Office be annulled.
Complaint
The third interested party, UAB Baltijos garantas, requested in its separate appeal that the regional administrative court's ruling be overturned and the case be referred back to the court of first instance for reconsideration, as the party was not properly informed about the court hearing.
Court‘s ruling
Leaving a complaint (application) unexamined is a form of closing a case without adopting a court decision on the merits of the case. The court of first instance left the complaint unexamined on the grounds that the applicant did not appear at the court hearing and the court does not consider it possible to resolve the case on the basis of the case file, when the applicant has been notified thereof.
The right to be heard, oral proceedings, proper notification and other procedural principles require that all persons involved in the case who have the right to participate in oral proceedings be duly informed of the hearing of the case in court, so that they may participate in the hearing of the case in court when evidence is being examined, give explanations and exercise other rights.
When leaving the applicant's complaint unexamined, the court must ensure that the applicant has been informed that the court cannot decide the case on the basis of the material before it without the applicant's participation in the court hearing and that, if the applicant fails to appear at the hearing, his complaint will be left unexamined.
The separate appeal was upheld after assessing the specific circumstances of the case.