The Division of Case-law and Research of the Supreme Court has compiled the case-law of the Department of Administrative Cases in cases regarding the Register of Enterprises.

Summary of the case-law is based on rulings of the Supreme Court which are made in cases regarding the Register of Enterprises from 2004 to 2016, as well as on some court opinions on general issues of law. The summary also includes the theses expressed in judgments of Regional Administrative Court in cases in which the Supreme Court has refused to initiate cassation proceedings on the grounds that it has no doubts about the legality of the contested judgment and the case is irrelevant in creation of case-law.

The procedural aspects of cases regarding to Register of Enterprises are viewed separately in the summary, such as lawfulness of an appeal, subjective right to appeal against decisions, qualification problems of applications to the court, as well as substantive aspects (the Authority of the Register of Enterprises in recording and modifying the information, restriction of authority in examination of  factual circumstances, public confidence principle, the division of records of commercial register according to legal consequences, registration of name of business enterprises and associations) and theses in relation to compensation.

Rulings of the European Court of Justice, which may be useful for the examination of the cases related to the Register of Enterprises, are attached to the summary.

Summary of the case-law is prepared by the advisor to the Division of Case-law and Research Mg.iur. Aleksandrs Potaičuks.

Summary on the case-law is available at the webpage of the Supreme Court section Judicature/ Compilation of Court Decisions/ Administrative law. See here. 

 

Information prepared by

Rasma Zvejniece, the Head of the Division of Communication of the Supreme Court

E-mail: rasma.zvejniece@at.gov.lv, telephone: +371 67020396, +371 28652211