On compliance of sub-paragraph 88.1 and paragraph 89 of the Cabinet of Ministers Regulation No 78 of 7 February 2017 ‘Regulations regarding the trade and use of natural gas’ (in the wording that was in force until 24 January 2020) with Articles 64 and 105 of the Constitution of the Republic of Latvia and with Section 107(7) of the Energy Law
Adjudicated
Rīgas rajona tiesa (Siguldā); Zemgales rajona tiesa (Jelgavā); Zemgales rajona tiesa (Dobelē); Vidzemes apgabaltiesa; Rīgas rajona tiesa (Jūrmalā); Rīgas rajona tiesa (Rīgā); Augstākā tiesa; Rīgas pilsētas Latgales priekšpilsētas tiesa
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14.10.2021.
15.10.2021.
On compliance of sub-paragraph 88.1 and paragraph 89 of the Cabinet of Ministers Regulation No 78 of 7 February 2017 ‘Regulations regarding the trade and use of natural gas’ (in the wording that was in force until 24 January 2020) with Articles 64 and 105 of the Constitution of the Republic of Latvia and with Section 107(7) of the Energy Law
The Constitutional Court held as follows:
1. To recognise Paragraph 88 (in the wording that was in force until 12 August 2021) and Paragraph 89 (in the wording that was in force until 24 January 2020) of the Regulation of the Cabinet of Ministers No. 78 of 7 February 2017 “Regulations on Natural Gas Trade and Use” as being incompatible with Articles 64 and 105 of the Satversme and Section 107, Paragraph Seven of the Energy Law of the Republic of Latvia and, with regard to persons to whom it has been or should be applied in court, as null and void from the date of issue.
2. To recognise Paragraph 88 and Paragraph 89 (in the wording that was in force from 25 January 2020 until 12 August 2021 and in the current wording), and Paragraph 891 (in the wording that was in force until 12 August 2021) of the Regulation of the Cabinet of Ministers No. 78 of 7 February 2017 “Regulations on Natural Gas Trade and Use” as being incompatible with Articles 64 and 105 of the Satversme and Section 107, Paragraph Seven of the Energy Law of the Republic of Latvia and, with regard to persons to whom it has been or should be applied in court, as null and void from the date of issue.
