Vilnius Regional Administrative Court has dismissed a complaint from Nuctech of China and its Lithuanian partner Inta company. The decision by the Lithuanian Government in February 2021 was ruled legitimate: the contract made by the Lithuanian Airports with Nuctech on acquisition of baggage inspection systems undermines Lithuania’s national security interests.
The Government of the Republic of Lithuania was represented by a legal team of the Ministry of National Defence and the Ministry of Communication personnel. Inta and Nuctech started a lawsuit seeking to repeal a resolution of the Lithuanian Government which was passed as a result of findings in an inspection of the Commission for Coordination of Protection of Objects of Importance to Ensuring National Security: Nuctech was assessed to have ties with the Government of China and therefore ineligible to contract with a company of strategic importance to Lithuania and have access to critical systems. The Court dismissed the claim on the basis of the arguments presented by Government representatives. The inspection was ruled to have been carried out legitimately and no procedural violations had been committed neither by the Commission nor by the Lithuanian Government.
“The Ministry of National Defence welcomes the ruling: the Court has assessed thoroughly and found that the decision of the Government was taken legitimately. The Ministry of National Defence will continue seeking the protection of national security interests when entering into hardware and software procurement contracts, therefore amendments to the law are proposed to make such procurements easier and provide clear criteria for acquisition of equipment from suppliers of trusted states only,” says Vice Minister of National Defence Margiris Abukevičius.
AT the moment the Ministry of National Defence initiates amendments to the Law on Public Procurement to minimize national security risks presented by the use of untrusted software or hardware, or services. The amendments would introduce an obligation to immediately eliminate tenders placed by suppliers, sub-suppliers or manufacturers or a supervisors from untrusted states whose suppliers, sub-suppliers or manufacturers or a supervisors are deemed untrusted.
