On Compliance of Section 42.3 (1) of Energy Law (in the wording that was in force until 7 March 2016) and Para 56 and Para 58 of the Cabinet Regulation of 16 December 2008 No. 1048 “Regulation on the Supply and Use of Natural Gas” with Article 105 of the Satversme of the Republic of Latvia as well as of Para 87 of this Regulation with Article 64 and Article 105 of the Satversme of the Republic of Latvia
Adjudicated
Aleksejs Petrovs
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20.03.2020.
24.03.2020.
On Compliance of Section 42.3 (1) of Energy Law (in the wording that was in force until 7 March 2016) and Para 56 and Para 58 of the Cabinet Regulation of 16 December 2008 No. 1048 “Regulation on the Supply and Use of Natural Gas” with Article 105 of the Satversme of the Republic of Latvia as well as of Para 87 of this Regulation with Article 64 and Article 105 of the Satversme of the Republic of Latvia
Case short name: Compensation in case of violation of the rules for the use of natural gas
The Constitutional Court held:
1) to recognise Section 423 (1) of Energy Law (in the wording that was in force from 4 July 2008 until 7 March 2016) as being compatible with Article 64 and Article 105 of the Satversme;
2) to recognise Para 56, Para 58 and Para 87 of the Cabinet Regulation of 16 December 2008 No. 1048 “Regulation on the Supply and Use of Natural Gas” as being incompatible with Article 64 and Article 105 of the Satversme with respect to persons, to whom these norms had been applied or should be applied in court, as of the date of their adoption.
