On Complianceof Section 43 (4) of the Civil Procedure Law with the First Sentence of Article 92 of the Satversme of the Republic of Latvia
Adjudicated
IMEX PROVIDER LTD
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17.02.2023.
20.02.2023.
On Complianceof Section 43 (4) of the Civil Procedure Law with the First Sentence of Article 92 of the Satversme of the Republic of Latvia
The Constitutional Court held:
1. To recognise Section 43 (4) of the Civil Procedure Law, insofar it does not envisage the right of a legal person governed by private law to request the court to decide on exempting it from the obligation to pay the State fee for submitting the statement of claim, as being incompatible with the first sentence of Article 92 of the Satversme of the Republic of Latvia and void as of 1 October 2023.
2. With respect to merchant IMEX PROVIDER LTD, registered in the British Virgin Islands, to recognise Section 43 (4) of the Civil Procedure Law, insofar it does not envisage the right of a legal person governed by private law to request the court to decide on exempting it from the obligation to pay the State fee for submitting the statement of claim, as being incompatible with the first sentence of Article 92 of the Satversme of the Republic of Latvia and void as of the moment when the infringement on its fundamental rights occurred.
