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Case No 2021-24-03
On compliance of paragraph 2418 of the Cabinet of Ministers Regulation No 360 of 9 June 2020 ‘Epidemiological safety measures for the containment of the spread of COVID-19 infection’ (in the wording that was in force from 7 April 2021 until 19 May 2021) with the first sentence of Article 91, the first and the third sentence of Article 105 of the Constitution of the Republic of Latvia
Adjudicated
SIA “Jysk Linnen’n Furniture”; SIA „EfTEN Domina”; SIA “VRPB”
10.03.2022.

14.03.2022.

On compliance of paragraph 2418 of the Cabinet of Ministers Regulation No 360 of 9 June 2020 ‘Epidemiological safety measures for the containment of the spread of COVID-19 infection’ (in the wording that was in force from 7 April 2021 until 19 May 2021) with the first sentence of Article 91, the first and the third sentence of Article 105 of the Constitution of the Republic of Latvia

The Constitutional Court decided:

1 To recognise Paragraph 2418 of Regulation No. 360 of the Cabinet of Ministers of 9 June 2020 “Epidemiological Safety Measures for the Containment of the Spread of Covid-19 Infection” in the wordings effective from 7 April to 19 May 2021, insofar as it applies to a trader whose shop has been arranged on the premises of a large shopping centre and can be provided with a separate external access, and whose shop is not subject to the exceptions stipulated in this norm, as being non-compliant with the first sentence of Article 91 and the first and third sentences of Article 105 of the Constitution of the Republic of Latvia.

2 With regard to the LLC (SIA) “Jysk Linnen'n Furniture”, to recognise Paragraph 2418 of Regulation No. 360 of the Cabinet of Ministers of 9 June 2020 “Epidemiological Safety Measures for the Containment of the Spread of Covid-19 Infection” in the wordings effective from 7 April to 19 May 2021, insofar as it applies to a trader whose shop has been arranged on the premises of a large shopping centre and can be provided with a separate external access, and whose shop is not subject to the exceptions stipulated in this norm, as null and void as of 7 April 2021.

3 To recognise Paragraph 2418 of Regulation No. 360 of the Cabinet of Ministers of 9 June 2020 “Epidemiological Safety Measures for the Containment of the Spread of Covid-19 Infection” in the wordings effective from 7 April to 1 June 2021, insofar as it applies to the owner of a large shopping centre, as being compliant with the first and third sentences of Article 105 of the Constitution of the Republic of Latvia.

4 To recognise Paragraph 2418 of Regulation No. 360 of the Cabinet of Ministers of 9 June 2020 “Epidemiological Safety Measures for the Containment of the Spread of Covid-19 Infection” in the wordings effective from 7 April to 1 June 2021, insofar as it applies to the owner of a large shopping centre, as being non-compliant with the first sentence of Article 91 of the Constitution of the Republic of Latvia.

5 With regard to the LLC (SIA) “VRPB” and the LLC (SIA) “EfTEN Domina”, to recognise Paragraph 2418 of Regulation No. 360 of the Cabinet of Ministers of 9 June 2020 “Epidemiological Safety Measures for the Containment of the Spread of Covid-19 Infection” in the wordings effective from 7 April to 1 June 2021, insofar as it applies to the owner of a large shopping centre, as null and void as of 7 April 2021.