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Case No 2017-02-03
On Compliance of Para 2 of Annex 2 to the Cabinet Regulation of 7 January 2004 No. 16 “Procedure for Assessing and Managing Noise”, insofar it Applies to Moto Racing Tracks Located within a Territory, where Individual Residential Houses and High-Rise Residential Houses are Built, with Article 111 and Article 115 of the Satversme of the Republic of Latvia
Adjudicated
Administratīvā rajona tiesa
19.12.2017.

21.12.2017.

On Compliance of Para 2 of Annex 2 to the Cabinet Regulation of 7 January 2004 No. 16 “Procedure for Assessing and Managing Noise”, insofar it Applies to Moto Racing Tracks Located within a Territory, where Individual Residential Houses and High-Rise Residential Houses are Built, with Article 111 and Article 115 of the Satversme of the Republic of Latvia

The Constitutional Court decided:

To recognise Para 2 of Annex 2 to the Cabinet Regulation of 7 January 2004 No. 16 “Procedure for Assessing and Managing Noise” as being compatible with Section 181 (3) of the Law “On Pollution”.

To recognise Para 2 of Annex 2 to the Cabinet Regulation of 7 January 2004 No. 16 “Procedure for Assessing and Managing Noise”, as well as Sub-para 2.4. of this Regulation, insofar it applies to public auto and moto sports events which are held in open-air auto and moto racing tracks located in a populated area (city or village) and for which a permit for organising a public event has been issued in the procedure set out in the Law on Safety of Public Entertainment and Festivity Events as being incompatible with Article 111 and Article 115 of the Satversme of the Republic of Latvia.

To recognise Para 2 of Annex 2 to the Cabinet Regulation of 7 January 2004 No. 16 “Procedure for Assessing and Managing Noise” with respect to the applicant in the administrative case No. A420346615 – Elza Freiberga – as being incompatible with Article 111 and Article 115 of the Satversme of the Republic of Latvia and invalid as of the date when the infringement on her fundamental rights occurred.

The Judgement by the Constitutional Court is final and not subject to appeal, it enters into force on the day it is published.