Case initiated before the Constitutional Court concerning a legal provision that governed the procedure for the allocation of water consumption difference
At the application of the Senate, the case “On compliance of Section 19.1 (1) of Cabinet Regulation 1013 “Procedure for the owner of an apartment in a multi-apartment building to pay for services associated with the use of the apartment property” of 9 December 2008 (in the version effective between 1 October 2013 and 21 November 2019) with Article 105 of the Constitution of the Republic of Latvia” has been initiated before the Constitutional Court.
The contested provision states that if there is a difference between the water meter readings for the entire house and the water meter readings in individual apartment properties, including the amount of water spilled as a result of breakdowns and repairs, the difference in water consumption is to be distributed according to the number of individual properties among those apartment owners who have not submitted their water meter readings for at least three consecutive months (if there are such apartment owners in the building).
The applicant holds that this procedure for distribution of the difference in water consumption set up by the contested provision is not proportionate. According to the applicant, it does not take into account additional circumstances that can cause a difference in water consumption, including breakdowns or repairs. Furthermore, the applicant alleges, there are also no maximum water consumption rates set. Thus, the contested provision is alleged to infringe on their rights established in Article 105 of the Constitution.
The Constitutional Court requested the authority that issued the contested regulation (the Cabinet of Ministers) to submit, by 13 February 2024, a letter with a reply detailing the circumstances of the mater along with a legal rationale.
The deadline for preparing the case is 13 May 2024. The Court will decide on the procedure and date for hearing the case once the case is prepared.
Linked case: 2023-46-03