The Constitutional Court has adopted a judgment in another case on the right to appeal against a decision regarding securing of a claim in a civil procedure
The Constitutional Court has adopted a judgment in the case No. 2010-15-01 “On Compliance of Section 141 Paragraph 1 of the Civil Procedure Law insofar as It Establishes the Right to Submit an Ancillary Complaint Regarding a Decision Satisfying an Application on Securing of a Claim with Article 91 and Article 92 of the Satversme”. The case was initiated having regard to an application of “Yelverton Investment B.V.”
The contested norm provides that, in a civil procedure, the defendant shall not have the right to submit an ancillary complaint regarding a decision satisfying an application on securing of a claim.
The Constitutional Court has already recognized (Judgment of 30 March 2010 in the case No. 2009-85-01), that the contested norm, in a court proceedings where securing of a claim is decided, the defendant and the plaintiff enjoy unequal situations, therefore the contested norm does not comply with Article 92 of the Satversme. In the above mentioned judgment, the Constitutional Court ruled that up to the moment when the Saeima introduces amendments to the normative regulation, the wording of Section 141 Paragraph 1 of the Civil Procedure Law of 14 December 2006 shall be in force, namely, it grants the defendant the right to submit an ancillary complaint regarding the decision rejecting to cancel the security of a claim. As to the applicants of the above mentioned case, the contested norm was recognized as null and void from the date of adoption thereof.
Having assessed the civil-procedural rights of the applicant in the context of the case under review, the Constitutional Court recognized that it is impossible for the applicant to submit an ancillary complaint regarding an unfavourable court decision that partially satisfies an application on securing of a claim. Therefore the Court ruled that, in respect to „Yelverton Investment B.V.”, Section 141 Paragraph 1 of the Civil Procedure Law, insofar as it does not establish the right to submit an ancillary complaint regarding a decision satisfying an application on securing of a claim, shall be null and void as from the date of adoption thereof.
The judgment of the Constitutional Court is final and not subject to appeal. The Judgment shall come into force on the date of publishing of it in the newspaper “Latvijas Vēstnesis”.
Linked case: 2010-15-01