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10 July 2017

Application is submitted to the Constitutional Court in case regarding the refusal to list the Latvian Orthodox Autonomous Church in the register of religious organizations

On July 6, the Department of Administrative Cases of the Supreme Court suspended proceedings in the case of the religious organization "Latvian Orthodox Autonomous Church" regarding refusal to register the applicant in the register of religious organizations and their institutions. The Supreme Court decided to submit an application to the Constitutional Court regarding the compliance of provisions of Section 7, Paragraph two, and Section 8, Paragraph four of the Law on Religious Organizations, in so far as they limit the right of the ten congregations to establish a church, providing for them a ten-year re-registration period, with Sections 99 and 102 of the Constitution of the Republic of Latvia, and compliance of Section 7, Paragraph three of the Law on Religious Organizations, which provide that the congregations of one denomination can establish only one religious union (church) in the state, with Sections 91, 99 and 102 of the Constitution of the Republic of Latvia. The proceedings in the case have been suspended until the day the ruling of the Constitutional Court comes into force.

 
21 June 2017

The case of bicycle service “Veloserviss” Ltd and State Revenue Service is remitted

On June 21, the Department of Administrative Cases of the Supreme Court annulled the judgment of the Administrative Regional Court, which satisfied the application of “Veloserviss” Ltd and annulled the decision of the State Revenue Service regarding the applicant's obligation to pay customs duties and penalty, and value added tax and penalty. The Supreme Court handed the case for reexamination before the Court of Appeal.

 
1 June 2017

European Court of Justice is addressed in case regarding the annulment of the decision of Data State Inspectorate

On 1 June, the Department of Administrative Cases of the Supreme Court stayed proceedings in case in which Data State Inspectorate imposed on the applicant an obligation to delete a video published on the internet, in which police officers at the police station were recorded. The Supreme Court, by referring preliminary questions to the European Court of Justice, seeks to ascertain whether such person’s actions, that are dealt with in the present case, – video-recording of police officers at the police station at the time of carrying out their duties and publishing the recorded material on the internet – correspond to Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data. As well as the Supreme Court looks forward to find out whether Directive 45/46 can be interpreted in a way that that the above-mentioned actions can be considered as processing of personal data for the purposes of journalism within the meaning of Section 9 of the Directive. Proceedings in the case are suspended until the entry into force of ruling of the European Court of Justice.

 
24 May 2017

The Supreme Court upholds the judgment in the case regarding claim for compensation in relation to plot alienated for needs of airport “Rīga”

On 24 May, the Department of Civil Cases of the Supreme Court upheld the judgement of 16 April 2015 of the Chamber of Civil Cases of the Supreme Court which partly satisfied the claim against the Republic of Latvia in person of the Ministry of Transport with the third party SJSC “Starptautiskā lidosta Rīga”” (International Airport “Riga”) regarding recovery of compensation and default interest for the plot of land of 12.7 hectares, which was alienated from the claimant for needs of airport “Riga”. The court recovered for the claimant compensation in amount of 328 098,22 EUR, lawful interest, for the period between 1 March 1997 and 1 June 2015, in amount of 328 098,22 EUR, and court costs in amount of 6634,93 EUR, making in total 662 831,37 EUR. The judgment of the Supreme Court cannot be appealed.

 
23 March 2017

Case in imposition of VAT obligations on a company carrying out transactions with precious metals is addressed to the European Court of Justice

On 21 March, the Department of Administrative Cases of the Supreme Court stayed the proceedings in the case in which the Administrative Regional Court rejected the application of the applicant for the annulment of the decision of State Revenue Service, imposing on the applicant additional value added tax obligations. Proceedings in the case are suspended until the coming into force of a preliminary ruling by the European Court of Justice.

 
8 February 2017

The ruling in dispute over the refusal to list the Latvian Orthodox Autonomous Church in the register of religious organizations will be available in March

8 February, the Department of Administrative Cases of the Supreme Court in oral proceedings heard the case on cassation appeal of the religious organization “Latvian Orthodox Autonomous Church” against the judgment of the Regional Administrative Court which dismissed the application for imposition of obligation for the Register of Enterprises to enter the applicant into register of religious organizations and institutions. The Supreme Court heard the parties to proceedings and stated that a ruling on the case will be available on 10 March.

 
31 January 2017

The Supreme Court: LSSR Public undertaking "Rīgas Kinostudija" copyrights on films produced during Soviet period have ceased to exist on the basis of law

On 31 January the Department of Civil Cases of the Supreme Court in written proceedings reviewed the cassation appeal of Latvian state (in the person of the Ministry of Culture) and the Latvian Filmmakers Union and 44 film authors against the Riga Regional Court judgment of 22 April 2014 in claim of Latvian state against AS "Rīgas Kinostudija" on the recognition of copyrights on 973 films produced by Latvian SSR Public undertaking "Rīgas Kinostudija" that were made during the period from 1964 to 4 May 1990, and in claim of the third party for recognition of copyrights for these films.

 
4 January 2017

Addresses the European Court of Justice on the issue of maternity benefit calculations provided that during the whole benefit period a person has not worked in Latvia

Department of Administrative Cases of the Supreme Court (SC) in December stayed the proceedings in the case on the maternity benefit calculations provided that a person has the whole insurance period not worked in Latvia, but in institutions of the European Union.

 
12 December 2016

Cassation complaint of the State Revenue Service in case of foreign income is dismissed

12 December, Department of Administrative Cases of the Supreme Court (SC) dismissed cassation complaint of the State Revenue Service and upheld the judgment of Regional Administrative Court, which satisfied the application of the Applicant and imposed the State Revenue Service a duty to reimburse paid income tax to the Applicant. The Supreme Court judgment held that the Regional Administrative Court correctly established the Applicant's permanent residence in Kosovo, as the court took into account Applicant’s actions in order to declare place of residence in Kosovo as well as other circumstances - employment, marital status, etc. The SC judgment also stated that the fact that income of Applicant that probably was not subject to tax in Kosovo fell within the competence of national authorities. Even if income was subject to tax, it would not in general resolve the case on its merits as desired by the State Revenue Service, because the jurisdiction of the Republic of Kosovo and its tax administration, in the light of the fact that the applicant in accordance with national laws and regulations was not Latvian tax resident, is not subject to Latvian taxation legislation. Thus, the Section 14, paragraph 2 of the Law "On Taxes and Duties" cannot act as legal basis for imposing a non-resident income tax on foreign gained income, if this foreign income is not taxed in respective foreign country.

 
9 December 2016

Supreme Court terminates proceedings on ancillary complaint in matter of temporary protection in dispute between JSC “Latvijas Gāze” and Public Utilities Commission

9 December, Department of Administrative Cases of the Supreme Court terminated the proceedings on ancillary complaint due to the fact that the Applicant of ancillary complaint, the Public Utilities Commission, had no right to submit an ancillary complaint on decision of 21 October 2016 of the Regional Administrative Court. The Supreme Court in its decision stated that in order to appeal against the court's decision, it was necessary to establish infringement of subjective rights of Applicant. Administrative Procedure Law foresaw the possibility of lodging an ancillary complaint only in case of negative decisions. In the case under examination, the Public Utilities Commission submitted the ancillary complaint against a decision that dismissed the Applicant’s (JSC "Latvijas Gāze") temporary protection request and the operative part of which corresponded to the Public Utilities Commission's point of view on the right outcome of the processing of temporary protection request. Considering that in the case of satisfaction of the ancillary complaint, the outcome of contested decision would remain unchanged; the court's decision in regard to Commission was equivalent to such decision that meets the interests of the Applicant.