Promola, part of HANNER, successfully defends its rights in a dispute with Dexcom Lithuania

In 2023, following a dispute over furnishing the premises under a 2021 agreement between Hanner and Dexcom Lithuania, under which Hanner committed to preparing a project and furnishing 4,500 square meters of space within four months, the first-instance court, after reviewing the case in full, found that Hanner’s company Promola had properly fulfilled the landlord’s obligations to deliver premises that met the tenant’s requirements.

As outlined in the agreement, the project work for the premises was carried out by Dexcom itself, making the handover deadline dependent on the tenant’s own actions. Although the lease agreement was signed in February 2021, due to the tenant’s numerous specific requirements and its dedicated project team, it was ultimately agreed that the tenant would take over the process.

The court stated that the deadline for handing over the premises to the tenant was unclearly defined in the contract and depended on multiple conditions. It was determined that both parties failed to comply with the deadlines and tolerated the delays, and therefore, there is no basis to consider the breach as fundamental.

“The court noted that to properly assess how the contract was carried out, it’s important to look at the actual relationship between the parties, rather than limit the interpretation to the formal, literal wording of the contract,” said COBALT Partner Marius Inta.

In this dispute, Hanner is advised on legal matters by COBALT Partner and Head of the Commercial Disputes Practice Group Marius Inta.