On Compliance of Section 141(1) of Civil Procedure Law, Insofar It Establishes the Right to Submit an Ancillary Complaint Regarding a Decision Satisfying an Application on Securing of a Claim, with Article 91, Article 92 and Article 105 of the Satversme
Adjudicated
AS "Topmar Holdings", Vitālijs Grinčišins
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30.03.2010.
01.04.2010.
On Compliance of Section 141(1) of Civil Procedure Law, Insofar It Establishes the Right to Submit an Ancillary Complaint Regarding a Decision Satisfying an Application on Securing of a Claim, with Article 91, Article 92 and Article 105 of the Satversme
Constitutional Court held:
1. Section 141 Paragraph 1 of the Civil Procedure Law insofar as it does not grant the right to submit an ancillary complaint regarding a decision satisfying an application on securing a claim or a decision rejecting an application to cancel the security of the claim does not comply with Article 92 of the Satversme.
2. In relation to the Applicants, the joint stock company “TOPMAR HOLDINGS” and Mr. Vitālijs Grinčišins, Section 141 Paragraph 1 of the Civil Procedure Law insofar as it does not grant the right to submit an ancillary complaint regarding a decision satisfying an application for securing a claim shall be null and void from the moment of adoption thereof.
3. Up to the moment when the Saeima introduces amendments to the normative regulation as ruled herein, the wording of Section 141 Paragraph 1 of the Civil Procedure Law of 14 December 2006 shall be in force insofar as it grants the defendant the right to submit an ancillary complaint regarding the decision rejecting to cancel the security of a claim.
