🇱🇹 Lithuania

1. The status of digitalisation in enforcement of the judgments under the regulation in

question (a) under EOP Regulation, and (b) under EEO Regulation

EOP Regulation Enforcement procedure is generally quite digitalised in Lithuania. Electronic enforcement instruments in the ADOC format recognised by the Information System of Judicial Officers of Lithuania for the recovery of pecuniary amounts shall be submitted through the Information System of Judicial Officers. In other cases when enforcement instruments do not comply with the format recognised by the Information System of Judicial Officers and are in writing or in another digital format not recognised by the system, such instruments for the recovery of pecuniary amounts shall be submitted to the Chamber of Judicial Officers of Lithuania. Such enforcement instruments shall be digitised at the Chamber of Judicial Officers of Lithuania, signed with an electronic signature by an employee of the Chamber of Judicial Officers of Lithuania, uploaded to the Information System of Judicial Officers and further enforced as electronic enforcement instruments. Enforcement instruments for the recovery of pecuniary amounts are distributed to judicial officers by the Information System of Judicial Officers. Since year 2021 all new claims by creditors regarding debts of one person have to be submitted for enforcement to the same judicial officer. EEO Regulation The rules mentioned above are applied.

Procedural aspects

2. Competent court or authority and procedure involved in the enforcement (a) under EOP

Regulation, and (b) under EEO Regulation

EOP Regulation Judicial officers are competent to enforce EOP in Lithuania. Once the EOP is granted and it becomes enforceable, the creditor must initiate the enforcement proceedings by presenting the EOP certified in standard form G and a formal request for enforcement. EOP, which has become enforceable, is enforced under the same conditions as other enforceable decisions in Lithuania. The Bailiffs Information System automatically assigns a judicial officer and sends the electronic enforcement order to them. The relevant judicial officer is automatically picked depending on where the debtor resides, works or has personal property in. The received paper enforcement order is digitized at the Chamber of Judicial officers. After the enforcement order is signed by the competent employee of the Chamber - the document is further managed and handled as an electronic enforcement order. Since year 2021 all new claims by creditors regarding debts of one person have to be submitted for enforcement to the same judicial officer. The Bailiffs Information System is responsible for that. More information can be found here: https://www.antstoliurumai.lt/index.php?id=1990 The enforcement procedure is regulated by the CCP and the enforcement instruction for judgments, issued by the Minister of Justice of Lithuania. EEO Regulation Judicial officers are competent to enforce EEO in Lithuania. EEO, which has become enforceable, is enforced under the same conditions as other enforceable decisions in Lithuania. EEO or its copy must be submitted for enforcement in the Republic of Lithuania translated into Lithuanian. The Bailiffs Information System automatically assigns a judicial officer and sends the electronic enforcement order to them. The enforcement procedure is regulated by the CCP and the enforcement instruction for decisions, issued by the Minister of Justice of Lithuania.

3. rules on service

EOP Regulation Art. 438 of CCP states that national order for payment (that means that also EOP) cannot be served by means of curator or by public announcement. It means that it cannot be served through means that do not provide proof of service of EOP. In Lithuania procedural documents can be served by registered mail, through judicial officers, courier service providers, or in other ways specified in CCP. For instance, it can be also served electronically if defendant is registered in the e-courts system or is obliged to receive procedural documents electronically. When the person delivering the procedural document cannot find the natural person at his/her place of residence or other specified address for the delivery of procedural documents or at his place of work, the procedural document shall be served on one of the adult family members living with him/her (children (adopted), parents (adoptive), spouse, etc.), except in cases where family members have an opposing legal interest in the outcome of the case, or to the administration of the workplace. If the procedural document cannot be served on a natural person at his place of residence or other specified address for the delivery of procedural documents, the person delivering the procedural document shall serve it on the natural person at his declared place of residence. When the person delivering the procedural document cannot find the addressee at the registered office of the legal entity or at another location specified by the legal entity, the procedural document shall be served on any other employee of the legal entity present at the place of service. EEO Regulation The document instituting the proceedings as well as any summons to a court hearing must be served by way of a method recognised by the Regulation. The court shall serve procedural documents by registered mail, through judicial officers, courier service providers, or in other ways specified in the CCP. Court summons and statements of claim (applications, appeals, responses to the statement of claim, replies), appeals (separate appeals), appeals in cassation sent by a registered mail, through providers of courier services, judicial officers shall be served to the addresses with acknowledgement of receipt by signing. If the person concerned consents, the court may give him/her the procedural document for service to the addressee. When a party or a third person pursues the case through a representative, the procedural documents related to the case shall be served only to the representative, and when the party or the third person state to the court in writing that they wish to receive documents on their own - only to the party or to the third person, except in the cases when the court holds that the service of procedural documents to the representative will be quicker. Procedural documents can be served on the addressee with signed proof of receipt at court. Where the interests of a party are represented by a curator, the procedural documents addressed to that party shall be served on the curator. Procedural documents can be also served electronically if defendant is registered in the e-courts system. Art. 1751 of CCP states that the court shall serve procedural documents on lawyers, lawyer's assistants, judicial officers, assistants to judicial officers, notaries, state and municipal enterprises, institutions and organisations, financial institutions, insurance and audit companies, court experts, insolvency administrators by means of electronic communication. In addition, documents shall be served by means of electronic communication on persons who are obliged to receive procedural documents by means of electronic communication by legal acts or by a contract concluded with the manager of the court information system. The court shall serve procedural documents on other persons by means of electronic communication if they have requested to receive procedural documents by means of electronic communication in accordance with the procedure established by this Code and have provided the necessary contact details. The procedure and form of service of procedural documents by means of electronic communication is established by the Minister of Justice.

4. Language of the certificate and documents to be appended

EOP Regulation In Lithuania there is only one accepted language for enforcement of decisions out of EOP Regulation. This language is Lithuanian. That means that EOP must be translated into Lithuanian. EEO Regulation Art. 13.4 of the Law on the Implementation states that the EEO or its copy for enforcement in the Republic of Lithuania must be translated into Lithuanian.

5. enforcement fees

EOP Regulation Fees of enforcement in Lithuania are mostly regulated by the enforcement instruction for judgments, issued by the Minister of Justice of Lithuania. There are no special rules for EOP. Enforcement costs include the following: administrative fees of enforcement proceedings; costs incurred by third parties for the services rendered by such parties in particular enforcement proceedings; remuneration to the judicial officer for the enforcement of enforceable documents set out by laws. The amounts of enforcement costs set out in the Instruction on the Enforcement of Judgments shall be inclusive of all mandatory taxes. All the enforcement costs shall be indicated by the judicial officer in the calculation of enforcement costs. Where a judicial officer carries out the recovery of pecuniary amounts under several enforcement instruments, a single calculation of enforcement costs shall be prepared for all enforcement proceedings of a pecuniary nature in relation to the same debtor, except in the cases when the calculation of enforcement costs is sent to the debtor together with the warning to comply with the judgment. The amount of the judicial officer's remuneration is calculated on the basis of the amounts to be recovered. If, after recovery of part of the debt, the enforcement instrument is submitted for enforcement to a judicial officer repeatedly, the amount of the judicial officer's remuneration is calculated in relation to the amount remaining to be recovered. The judicial officer's remuneration as a percentage is calculated by multiplying the amount to be recovered by the percentage specified in the Instruction. If the amount of the judicial officer's remuneration so calculated is lower than the minimum remuneration set out in the Instruction, the minimum remuneration for the judicial officer shall be recovered. All enforcement costs, apart from the exceptions set out in the Instruction, shall be recovered from the debtor in the amounts set out in the Instruction, irrespective of whether the creditor has been exempt from enforcement costs or whether they have been reduced or deferred. The creditor or his/her authorised representative shall be obliged to make an upfront payment of the administrative fees for a judicial officer when submitting an enforcement instrument for enforcement, except for the exceptions set out in the Instruction. If a judicial officer refuses to accept an enforcement instrument, the enforcement costs paid by the creditor shall be returned to the creditor. Where the creditor does not pay the administrative fees when submitting an enforcement instrument for enforcement, the judicial officer shall refuse to accept the enforcement instrument, except in the cases specified. EEO Regulation There are no special rules for EEO. The rules mentioned above are applied.

6. Refusal, stay, or limitation of the enforcement procedure under the regulation in question in

the intended Member State (a) under EOP Regulation, and (b) under EEO Regulation

European Order for Payment (EOP)

Refusal of Enforcement Applications for refusal are decided by the Court of Appeal of Lithuania, sitting as a single judge and acting under a written procedure. Legal representation is not mandatory. Applications must comply with general procedural requirements and be submitted in Lithuanian, or accompanied by a certified translation. Applicants residing outside Lithuania must indicate a Lithuanian service address or electronic service address. No court fee (stamp duty) applies. Decisions may be reviewed by a panel of three judges and may ultimately be challenged before the Supreme Court of Lithuania.

Stay or Limitation of Enforcement Applications to stay or limit enforcement under Article 23 EOP are handled by the district court at the place of enforcement. The court has full discretion to apply any of the measures listed in the Regulation and decides based on justice, reasonableness, and fairness.

European Enforcement Order (EEO)

Refusal of Enforcement Applications for refusal under Article 21 EEO are decided by the Court of Appeal of Lithuania under a written procedure. Lithuanian law does not provide additional national grounds for refusal; only the grounds set out in the applicable EU Regulations apply.

Stay or Limitation of Enforcement Requests for stay or limitation may be granted as provisional protective measures. Competence depends on the type of measure:

District courts decide on judicial stays or modifications of enforcement;

Judicial officers may decide on specific enforcement-related limitations, where provided by law.

7. Availability of any legal aid for guidance on the enforcement procedures under the

regulation in question in the intended Member State (a) under EOP Regulation, and (b) under EEO Regulation

There are no specific legal aid rules for the European Order for Payment (EOP) or the European Enforcement Order (EEO). General Lithuanian legal aid rules apply. Availability and Eligibility State-guaranteed legal aid is available to:

• Lithuanian or EU citizens, and
• persons legally residing in Lithuania or another EU Member State,

provided that their assets and annual income do not exceed thresholds set by the Lithuanian Government. Legal aid is delivered by providers of primary state-guaranteed legal aid, including municipal legal aid services and university law clinics operating under public contracts. Refusal of Legal Aid The Legal Aid Service may refuse legal aid where, for example:

• the claim is manifestly unfounded or has no reasonable prospects of success,
• the dispute arises directly from business or self-employed activity,
• legal services can reasonably be obtained without state aid,
• there is abuse of legal aid or procedural rights,
• required documents are not submitted in time, or
• the expected legal aid costs would exceed the value of the claim.

Legal Aid Granted Regardless of Means Secondary legal aid may be granted without a means test in specific situations, including:

• victims seeking compensation for criminal offences,
• recipients of social assistance,
• persons with severe disabilities, pensioners with special needs, and their guardians,
• debtors facing enforcement against their only residence,
• minors in eviction or rights-protection proceedings,
• other cases provided for by international treaties.

8. Critical assessment of the enforcement procedures under the regulation in question in the

intended Member State (a) under EOP Regulation, and (b) under EEO Regulation

Both regulations are used in Lithuanian courts not very often, because there are alternative national instruments that are easy to use and efficient, e.g. court order proceedings which are semi-automated and user-friendly. Due to this reason, there are not many enforcement cases enforcing EOP/EEO judgments/instruments. Usually these instruments are to be enforced using the same procedure as any other domestic enforceable document (with the exceptions listed hereinabove). Lithuania has made steps introducing IT measures into enforcement proceedings: the enforceable documents are to be submitted electronically; if needed, assistance is to be provided by the Chamber of Bailifs regarding digitalising judgments and submitting. The enforcement case can be managed by the external users in the electronic system of bailiffs. However, there is still room for development in digitalising the enforcement proceedings, e.g. some of the bailiffs are voluntarily using e-bailiffs tools, allowing automatization of some actions resulting in reducing of costs. National language requirements also hinder effectiveness of the proceedings. Enforcement of EEO/EOP instruments are not usually discussed neither in the practical, nor academic levels. The information regarding enforcement could be provided more widely. Websites that provide consultations proceedings (e.g. e-justice portal) could also provide information regarding enforcement. Needless to say, such information provided online for foreign subjects is to be renewed constantly, the links provided for further reading are to be constantly checked in order to reflect the newest developments, the links should direct to websites in foreign languages, e.g. English.