Case _ Recognition of the Court Precedents

I. Situation and applicable law

1. Article 4 of the Civil Proceeding Code of Republic of Lithuania obligates courts that they, when they apply law, take account of the construction of application of law which is contained in the rulings adopted under cassation procedure and announced under procedure of Republic of Lithuania Law on Courts. According to the petitioner [Vilnius Regional Court], this provision obligates courts to take account of the construction of application of law which is contained only in the announced rulings adopted under cassation procedure, and it does not obligate the courts to take account of the entire practice of courts of general jurisdiction—these courts do not have a duty to take account of those court decisions (rulings) which were adopted under non-cassation procedure. By making reference to the jurisprudence of the Constitutional Court, it is maintained in the petition of the petitioner that the constitut...