Judgment of Constitutional Court of the Republic of Latvia, March 30, 2010 (case Judgment de Constitutional Court of the Republic of Latvia Nr. 2009-85-01 de 30 de Marzo de 2010)

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On Compliance of Section 141 Paragraph 1 of the Civil Procedure Law insofar as It Provides for the Right to Submit an Ancillary Complaint Regarding Securing of a Claim with Article 91, Article 92 and Article 105 of the Satversme of the Republic of Latvia

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Judgment of Constitutional Court of the Republic of Latvia, March 30, 2010 (case Judgment de Constitutional Court of the Republic of Latvia Nr. 2009-85-01 de 30 de Marzo de 2010)

; ; ; ; ; Judgment On Behalf of the Republic of Latvia Riga, 30 March 2010 Case No. 2009-85-01 ; The Constitutional Court of the Republic of Latvia, composed of the Chairman of the Court hearing Gunārs Kūtris, Justices Kaspars Balodis, Aija Branta, Juris Jelāgins, Kristīne Krūma and Viktors Skudra, having regard to the applications of „TOPMAR HOLDINGS” and Mr. Vitālijs Grinčišins, according to Article 85 of the Satversme (Constitution) of the Republic of Latvia, Article 16 1st indent, Article 17 (1), 11th indent, and Article 28.1 ;of the Constitutional Court Law, on 2 March 2010 in writing examined the case “On Compliance of Section 141 Paragraph 1 of the Civil Procedure Law insofar as It Provides for the Right to Submit an Ancillary Complaint Regarding Securing of a Claim with Article 91, Article 92 and Article 105 of the Satversme of the Republic of Latvia” ; The Facts ; ; ; ; ; ; ; ; ; ; ; ; 1. ;On 14 October 1998, the Saeima (Parliament) of the Republic of Latvia (hereinafter – the Saeima) adopted the Civil Procedure Law (hereinafter also – the CPL) that came into effect on 1 March 1999. Up to October 2006, norms of Chapter 19 of the CPL “Securing Claims” established the right of a defendant to submit an ancillary complaint regarding a decision satisfying an application for securing of a claim. Section 146 Paragraph 1 of the CPL provided:

“An ancillary complaint may be submitted regarding all decisions on securing claims, except cases established in Section 145 Paragraph 2 of this Law.” Section 145 Paragraph 2 of the CPL regulates the situation when a decision on securing of a claim is adopted before the claim is pursued and no action has been brought within the term established by the court. On 7 September 2006, the Saeima adopted the Law “Amendments to the Civil Procedure Law” that came into effect on 11 October 2006. These law introduced substantial amendments into Chapter 19 of the CPL. Articles 138, 139, 140, 141 and 142 of the CPL were provided another wording, whilst Articles 144, 145 and 146 of the CPL were deleted. The new wording of Section 141 Paragraph 1 provided that ancillary complaint may be submitted:

1) ; ; ; ; regarding a decision that secures losses that the defendant may suffer due to securing of a claim; 2) ; ; ; ; regarding a decision that provides that securing a claim shall be substituted by other measures, 3) ; ; ; ; regarding a decision, by which the court that has adopted the decision regarding securing a claim, cancels or substitutes a non-amended decision regarding securing of a claim. After coming into force of the above mentioned amendments, the defend...

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