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On Compliance of Section 8 and Section 9 of the Law “On Measures for the Prevention and Suppression of Threat to the State and Its Consequences Due to the Spread of COVID-19” with Article 1, First sentence of Article 91 and First and Third sentences of Article 105 of the Satversme of the Republic of Latvia, and Section 9 of the Law “On Measures for the Prevention and Suppression of Threat to the State and Its Consequences Due to the Spread of COVID-19” with Article 49 of the Treaty on the Functioning of the European Union

The Constitutional Court held:

1. To terminate legal proceedings in the case so far as it concerns compliance of Section 9 of the law “On measures for the prevention and suppression of threat to the state and its consequences due to the spread of Covid-19” with Article 49 of the Treaty on the Functioning of the European Union.
2. To recognise Section 8 and Section 9 of the law “On measures for the prevention and suppression of threat to the state and its consequences due to the spread of Covid-19”, insofar as they impose restrictions on in-person gambling, as being compatible with Article 1, the first sentence of Article 91 and the first and the third sentence of Article 105 of the Constitution.
3. To recognise Section 9 of the law “On measures for the prevention and suppression of threat to the state and its consequences due to the spread of Covid-19”, insofar as it sets out the obligation of the Inspection to suspend the licences to organise gambling in interactive environment and (or) using the intermediation of electronic communications services, as being incompatible with Article 1 of the Constitution in conjunction with the first sentence and the third sentence of Article 105 of the Constitution and void in respect of the organisers of interactive gambling as of the moment when the infringement of their fundamental rights occurred.