Promola, part of the HANNER group, successfully defended its infringed rights in a dispute with Dexcom Lithuania before the Lithuanian Court of Appeals.
In 2023, a dispute related to the furnishing of office premises arose under an agreement between Hanner and Dexcom Lithuania, under which HANNER agreed to prepare a design and furnish 4,500 square meters of space. the court of first instance, having reviewed the case on merits, found that Promola, a company belonging to the HANNER group, had properly fulfilled its obligations as a lessor to transfer premises that met the requirements of the tenant, Dexcom Lithuania.
After examining the case, both the court of first instance and the court of appeal found that the tenant had breached its commitments to the landlord and that, due to the tenant’s multiple highly specific requirements, the transfer of the premises had become exclusively dependent on the tenant’s own actions.
The Lithuanian Court of Appeals, in declaring that the set-off of the penalty applied by DexCom Lithuania is invalid, once again confirmed that, in order to properly clarify the circumstances of the agreement’s performance, it is crucial to evaluate the content of the relationship that has developed, rather than limiting the interpretation to the formal text of the agreement and ignoring the actual intentions of the parties.
In this dispute, HANNER was represented by the COBALT team led by COBALT Partner and Head of the Commercial Disputes Practice Group Marius Inta and Associate Povilas Šiaudinis.
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