Mr. Gunars Aigars is the current Chair of the Chamber of Civil Cases.
Mr. Aigars has a law degree from the Latvia State University. Prior to his confirmation to the Supreme Court, Mr. Aigars was the chief judge of the Liepaja District People’s Court. He also worked in private practice. He was confirmed to the Supreme Court in 1990. Since 1995 Mr. Aigars is the Chair of the Chamber of Civil Cases, re-elected in 2000 and 1005.
In 1995 he was elected as Deputy Chief Justice. re-elected in 2002 and 2009.
The Chamber of Civil Cases consists of following justices: Mr. Intars Bisters, Ms. Vanda Cirule, Ms. Anita Cernavska, Mr. Arnis Dundurs, Mr. Raimonds Gravelsins, Ms. Mara Katlapa, Mr. Aivars Keiss, Ms. Inta Lauka, Ms. Marika Senkane, Mr. Maris Vigants, Ms. Aiva Zarina.
The Chamber of Civil Cases reviews civil cases on the merits in relation to appeals and appeal protests on judgments of regional courts as the courts of the first instance. These categories of the cases in accordance with the Civil Procedure Law are as follows: The Chamber of Civil Cases reviews also:
- cases related to the title to real estate, except for splitting of property of spouses;
- cases related to liability obligations if the amount of the claim exceeds 150 000 lats;
- cases related to the protection of copy rights, trademarks and references to geographical origin;
- civil cases, in materials of which there is an object of state secrecy.
The Chamber of Civil Cases reviews also:
- ancillary complaints on decisions adopted by the regional courts as the first instance courts, the regional courts as the second instance courts and judges of the departments of the land register;
- applications on revocation of rulings of the regional courts due to newly discovered circumstances.
For filing an appeal and ancillary appeals, the state duty has to be paid under the procedure stipulated by the Civil Procedure Law.
An appellate court reviews a case on its merits therefore indications in the appeal on erroneousness of the judgments may relate both to the actual circumstances of the case and the application of law standards. An appeal may dispute the assessment of evidence given by the first instance court, the facts found by it, correctness of application of substantial and procedural law standards. The subject or grounds of the claim may not be changed in the appeal, it is not allowed to enter new demands which have not been brought in the first instance court.
Having reviewed the case on its merits, the Chamber of Civil Cases adopts one of the following judgments indicating the essence of the judgment:
- to satisfy the claim in full or in part;
- to decline the claim in full or in part.
After signing the judgment the judge announces the judgments by reading it. If a shortened judgment is announced, the court sets the date when the full text of the judgment is prepared.
A judgment of the Chamber of Civil Cases comes into legal effect when the term to appeal it under the procedure of cassation has expired and a cassation complaint has not been filed. If a cassation complaint has been filed, but the assignments sitting of the Senate declines initiation of the cassation proceedings, the judgment becomes legally effective simultaneously with the decision of the assignments sitting of the Senate. If the cassation complaint is reviewed in the Senate and the judgment of the Chamber of Civil Cases is not reversed, or a judgment or its part has been reversed and the application is not reviewed, or the proceedings have been terminated, the judgment comes into effect simultaneously with the judgment of the Senate.
In the cases stipulated by the Civil Procedure Law the Chamber reviews also ancillary complaints. When reviewing an ancillary complaint, the Chamber verifies the lawfulness and validity of the appealed judgment and adopts one of the following decisions:
- to leave the decision unchanged and to decline the complaint;
- to cancel the decision in full or in a part of it and to remand the matter for new trial to the court which adopted the decision;
- to cancel the decision in full or in a part of it and by the decision to decide the matter on its merits;
- to change the decision.
When reviewing an ancillary complaint on a decision under which an application on renewal of proceedings and review of the case anew in a case, where a judgment by default is made, is declined the Chamber is entitled to:
- leave the decision unchanged and decline the complaint;
- cancel the decision, renew court proceedings and remand the case for trial in the first instance court.
Ancillary complaints on the extra-judicial decisions of judges, regarding the decisions of the judges of land registers, as well as the decisions in the cases of insolvency proceedings are reviewed in written proceedings without holding a court session. However, applications on newly discovered facts have also been reviewed in the Chamber of Civil Cases in written proceedings
Delivery of judicial documents to a person, whose place of residence or location is not in Latvia
With amendments made on February 5, 2009, the Civil Procedure Law has been improved with Paragraph 562, that establishes the order of delivery and issue of judicial documents to the person, whose place of residence or location is not in Latvia.
In such cases court delivers documents in order, established in Regula of European Parliament and Council Nr. 1393/2007 dated by November 13, 2007, and Regula Nr. 861/2007 dated by July 11, 2007, or in international agreements, that are mandatory for Latvia, or according to Chapter 83 of the Civil Procedure Law, if there is no agreement of cooperation about delivery of documents signed with foreign country.
In the law terms have been established, in which appellate appeal, appellate counter appeal, ancillary appeal, application for making additional judgement, written explanations and cassation appeals and explanations, and counter cassation appeal should be submitted, if place of residence or location of participant of the case is not in Latvia. In such cases it is necessary to enclose attested translation to cassation appeal and documents annexed.
Judgement of the Court of appeal comes into legal force 6 months after it had been announced, if no corresponding confirmation about issue of copy of judgement has not been received according to Paragraph 562.
This order has not been applied, if person, whose place of residence or location is not in Latvia, keeps case with intermediation of a representative authorized in Latvia.
