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
Years
2020
Stages of the proceedings
Adjudicated
Outcome of the proceedings
Judgement
Type of the proceedings
Undetermined
Applicant
Person
Applicant: Jurijs Kapišņikovs; Ināra Kapišņikova; Eduards Kapišņikovs
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 proceedings

The 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.


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