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Department of Civil Cases

10 February, 2021

The court has to re-examine the Opera and TV NET dispute over a published opinion piece

On February 9, the Department of Civil Cases of the Senate annulled the judgment of Riga Regional Court of December 23, 2019, which partially satisfied the claim of the plaintiff VSIA Latvian National Opera and Ballet against SIA TV NET regarding the opinion piece published by TV NET on renting out opera premises for a private event of a Russian artist on July 29, 2014. The Senate remitted the case to Riga Regional Court.

9 July, 2020

The judgment on recovery of more than 66 million euros from LatRosTrans is annulled

On July 9, the Department of Civil Cases of the Supreme Court (Senate) annulled the judgment of Latgale Regional Court on recovery of more than 66 million euros from the limited liability company LatRosTrans in favour of the claimant Novopolotsk Republican Unitary Oil Transportation Enterprise Druzhba. The Senate remitted the case to the appellate court. In the judgment, the Senate acknowledges that the Regional Court, by recognizing the property rights of the claimant and its predecessors to the technological oil located in the oil pipelines owned by LatRosTrans Ltd, has incorrectly applied and interpreted provisions of substantive law, as well as violated procedural requirements on evaluation of evidence and substantiation of the judgment.

21 August, 2019

In line with recent case law of the European Court of Human Rights, the Senate points to the link between labour law and private life in labour dispute

On August 20, the Department of Civil Cases of the Supreme Court (Senate) annulled the judgment of the Riga Regional Court and referred the labour dispute regarding violation of the principle of equality for re-examination. The judgement by the Senate draws attention to recent case law findings of the European Court of Human Rights stating that employment disputes are not in themselves excluded from the scope of "private life" within the meaning of Article 8 of the European Convention for the Protection of Human Rights and Fundamental Freedoms.

11 July, 2019

The Opera and TV NET dispute over the published opinion is referred for re-examination

On 10 July, the Department of Civil Cases of the Supreme Court (Senate) annulled the judgment of the Riga Regional Court of January 24, 2017, which partially satisfied the claim and from SIA “TV NET” (TV NET) in favour of the plaintiff, VSIA “Latvian National Opera and Ballet” (LNOB), compensation of EUR 50,000 was recovered in connection with an opinion published by TV NET on renting premises for a private event of a Russian artist on July 29, 2014. The case has been referred for re-examination to the Riga Regional Court.

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.

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.

1 December, 2016

The case in recognition of ownership of the technological oil and claim for damages is reopened

1 December, the Department of Civil Cases of the Supreme Court (SC) annulled the judgement of the Chamber of Civil Cases that dismissed the Belarusian Company - Open Joint Stock Company "Polotsktransneft Druzhba" - action against "LatRosTrans" Ltd on recognition of ownership, granting possession of oil and compensation for damage. The Department of Civil Cases referred the case to Latgale Regional Court for retrial. SC acknowledged that the Court of Appeal failed to clarify the circumstances of the case and had not provided a legal assessment; namely, the Court had not assessed all the documents signed by the parties on the division of property and the agreements in conjunction to other evidence in the case. In SC’s opinion, the Court had not assessed the applicants' arguments concerning oil inventory, namely, if technological oil would be invested as share capital of "LatRosTrans" Ltd as oil pipeline accessory thus becoming a property of "LatRosTrans" Ltd then it would be reflected in "LatRosTrans" Ltd Annual Reports in the same way as technological stocks of oil products.

2 November, 2016

Proceedings in case of recognition and enforcement of foreign ruling terminated

2 November, the Department of Civil Cases of the Supreme Court (SC) terminated the proceedings in connection with application by company registered in the British Virgin Islands Recoletos Limited on declaration enforceable in the Republic of Latvia the order of 29 April 2013 of Christoper Clarke, Judge of  the Commercial Court of the Queen's Bench Division of the High Court of Justice of the United Kingdom, by applying the means for securing claims provided for in Article 138 of the Civil Procedure Law. Final decision of the court will be drawn up until 16 November.

27 October, 2016

The Supreme Court upholds the decision on the reclaim of non-material losses in relation to death of parents in traffic accident

On 26 October, 2016, the Department of Civil Cases of the Supreme Court decided to reject initiating of cassation proceedings, thus ruling of the December, 2015, of Riga Regional Court Civil Cases panel that partially satisfies the claim have entered into force.

11 December, 2015

Observing conclusions of the Court of Justice of the European Union, dispute between Nestlé and Sara Lee Baltic is transferred for new examination

On 9 December, the Department of Civil Cases of the Supreme Court quashed the judgement of the Chamber of Civil Cases of the Supreme Court rejecting the claim of Swiss company “Société des Produits Nestlé S.A.” against “Sara Lee Baltic” Ltd., in the part regarding recovery of compensation in the case on “Red Mug”. The case is transferred for new examination under appellate procedure in Riga regional court.

28 October, 2015

Application on recognition and enforcement of a foreign ruling is rejected; the Saeima, the President of the State and the Cabinet of Ministers are informed by ancillary decision

On 28 October, the Department of Civil Cases of the Supreme Court decided to reject application filed by insolvent company registered in Lithuania “flyLAL-Lithuanian Airlines” JSC on recognition, enforcement and securing of enforcement of a foreign ruling against “Starptautiskā lidosta „Rīga”” SJSC and “Air Baltic Corporation” JSC. As the main arguments of the decision the Department of Civil Cases mentioned the fact that consequences of recognition would be contrary to social order of the Republic of Latvia and would endanger national security of the Republic of Latvia. Complete text of the decision with justification will be available on 4 December. The decision of the Supreme Court may not be appealed.