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On Compliance of Section 495(1) of Civil Procedure Law with the First Sentence in Article 92 of the Satversme of the Republic of Latvia

Constitutional Court held:
1. To recognise Section 495(1) of the Civil Procedure Law, insofar it prohibits from contesting the jurisdiction of an arbitration court at a court of general jurisdiction, as being incompatible with Article 92 of the Satversme.
2. As regards the submitter of the constitutional complaint  the limited liability company “HIPOTĒKU BANKAS NEKUSTAMĀ ĪPAŠUMA AĢENTŪRA” (at present – limited liability company ”Hiponia”)  to recognise Section 495(1) of the Civil Procedure Law, to the extent it prohibits from contesting the jurisdiction of an arbitration court at a court of general jurisdiction, as being incompatible with Article 92 of the Satversme of the Republic of Latvia and invalid as of the moment when the party’s, who submitted the constitutional complaint, fundamental rights were violated.
3. To recognise Section 24(1) of the Law on Arbitration Courts, insofar it prohibits from contesting the jurisdiction of an arbitration court at a court of general jurisdiction, as being incompatible with Article 92 of the Satversme of the Republic of Latvia.