Case No 2012-13-01

Applicant: "Yelverton Investments B.V.", "IAG Industrieanlagen GmbH", SIA "IAG" un "Yelverton Investment B.V."
Date of the judgment: 14.05.2013.
Official publication: 15.05.2013.

On Compliance of Section 483 of Civil Procedure Law, Insofar It Establishes the Right of the Chairperson of the Senate Department of Civil Cases to Submit a Protest, with Article 92 of the Satversme of the Republic of Latvia

Case short name: The Protest

Constitutional Court held:
1) to recognise Section 483 of the Civil Procedure Law insofar as it establishes the right of the Chairperson of the Senate Department of Civil Cases to submit a protest (in the wording, which was in force until 1 January 2013) incompatible with the first sentence of Article 92 of the Satversme of the Republic of Latvia;
2) the cases, which have been initiated following a protest submitted by the Chairperson of the Senate Department of Civil Cases, shall be heard by an expanded composition of the Senate, ensuring to persons the right to an impartial court guaranteed by Article 92 of the Satversme.

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Press-releases

• The Norm of the Civil Procedure Law on the Right of a Judge to Submit a Protest against a Judgement is Incompatible with the Satversme
• The Constitutional Court initiated a case on a norm of the Civil Procedure Law regulating the procedure for submitting a protest

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