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The Panevėžys Regional Court has concluded the examination of a civil case regarding the blocking of water supply in an apartment building in Vilnius Old Town. The Regional Court dismissed the appeal of the defendant, UAB Amber Marketing, and upheld the lower court's decision, which ordered the company to immediately facilitate the restoration of water supply to the plaintiffs' family.

The dispute arose over interference with the use of the building's water supply pipeline located on J. Tumo-Vaižganto Street in Vilnius Old Town. According to the case file, the plaintiffs, who purchased an apartment and an attic in this building, had been completely without potable water in their residential premises since January 2021. Although water was supplied to all other parts of the building, the plaintiffs' apartment remained cut off due to technical interventions performed in the neighboring premises.

An expert investigation revealed that the water supply disruptions were not accidental. It was determined that in the second-floor premises, directly below the plaintiffs' apartment, a shut-off valve was installed on the common-use water riser. This device allowed the defendant's representatives to unilaterally terminate the water supply specifically to the plaintiffs' apartment at any time, while the company itself continued to use water unobstructed.

Witnesses confirmed that the valve serves no function other than blocking water for the plaintiffs' family. The defendant failed to provide any evidence that this was a design solution or that other co-owners had consented to such a modification. The court noted facts indicating that during inspections, attempts were made to create the impression that the water shortage affected the entire building, even though it was actually being supplied.

The judicial panel of the Panevėžys Regional Court stated that the court of first instance correctly assessed the factual circumstances of the case and the legal norms. The court rejected the defendant's arguments claiming that the plaintiffs failed to follow mandatory pre-trial dispute resolution procedures.

In the assessment of the judicial panel, a situation where a family with minor children is forced to live without potable water for four years directly violates personal rights; therefore, judicial protection in this case was necessary and justified.

"The plaintiffs have a statutory right to have potable water in their apartment from the communal water supply, and since the defendant did not grant the realization of this right in good faith, the plaintiffs must defend this right in court," the court stated.

The judicial panel also noted that the defendant's actions – denying access to specialists and arbitrarily regulating the water supply – are considered an abuse of rights.

The court rejected the defendant's attempts to question information provided by a specialist regarding the state of the engineering networks, which the defendant had attempted to conceal. Although the document prepared by the specialist did not formally hold the status of a forensic expert report, it was recognized as significant written evidence because it helped reveal the factual situation of the water supply system.

The Regional Court upheld the obligation for the defendant to allow employees of Vilniaus Vandenys and the plaintiffs' contractors into the basement premises within 90 days for water inlet repairs. Furthermore, the company must remove the illegally installed shut-off valve in its own apartment.

To ensure the court's decision is not ignored, a fine of 100 euros for each day of delay has been set against the defendant, UAB Amber Marketing, in favor of the plaintiffs. The defendant is also required to reimburse all litigation costs incurred by the plaintiffs and the third party (UAB Vilniaus Vandenys). The total amount of awarded costs for proceedings in both court instances exceeds 12,500 euros.

The ruling of the Panevėžys Regional Court is final and takes effect immediately.

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