Date of the judgment: 02.11.2020.
Official publication: 03.11.2020.
On Compliance of Section 37 (2) of the Civil Procedure Law with the first sentence of Article 91 and Article 105 of the Satversme of the Republic of Latvia
Case short name: Returning of a State fee in Civil proceedingsThe Constitutional Court held:
1. To recognise Section 37 (2) of the Civil Procedure Law as being incompatible with the first sentence of Article 91 of the Satversme of the Republic of Latvia.
2. With respect to Jurijs Kapišņikovs, Ināra Kapišņikova and Eduards Kapišņikovs, to recognise Section 37 (2) of the Civil Procedure Law as being incompatible with the first sentence of Article 91 of the Satversme of the Republic of Latvia as of the date when the infringement of their fundamental rights occurred.
Press-releases
- The norm that restricts the right to reimbursement of the State duty in civil procedure by the term of three years is incompatible with the first sentence of Article 91 of the Satversme
- A case initiated regarding the procedure for reimbursing the State duty in civil procedure