Department of Administrative Cases

The print version
11 February, 2021

The Court of Justice of the European Union hears the Opinion of the Advocate General in order to answer questions put by the Senate

At the hearing on February 11, the Court of Justice of the European Union heard the Opinion of Advocate General Saugmandsgaard Øe regarding the questions referred by the Senate in the case where it is to be decided whether the applicant – an Italian citizen who has moved to live with his family in Latvia – was justifiably denied the right to receive state-funded healthcare services. Having heard the Opinion of the Advocate General, the Court of Justice of the European Union will set the date on which the judgment will be delivered in response to questions put by the Senate.
3 February, 2021

Decision of the Financial and Capital Market Commission regarding the fine imposed on the bank is upheld

On January 29, the Department of Administrative Cases of the Senate upheld the judgment of the Regional Administrative Court, which rejected the application of the Applicant – the bank – for annulment of the decision of the Financial and Capital Market Commission (hereinafter – FCMC). The above-mentioned decision of the FCMC establishes that the Applicant is responsible for the execution of payment order of the Applicant's client in accordance with Section 99, Paragraph nine of the Law on Payment Services and Electronic Money, and the Applicant is instructed to inform the FCMC about the solution regarding the execution of the said transaction. The Applicant is also instructed to assess the need to make changes to the internal control system and procedure, determining its conduct in cases where it is not possible to execute the payment order given by the payment service user. A fine was also imposed on the Applicant.
29 December, 2020

The Senate acknowledges that the penalties imposed by the CRPC for violations of crediting regulations are justified

On December 22, the Department of Administrative Cases of the Senate upheld the judgments of the Regional Administrative Court, recognizing the decisions of the Consumer Rights Protection Centre of Latvia regarding the imposition of fines on three credit companies for unfair commercial practices as justified. The decisions to impose fines were adopted by the Consumer Rights Protection Centre (hereinafter – CRPC) because it saw violations in the activities of these credit companies, as they imposed an additional obligation on consumers to cover the costs of extending the credit term rather than including these costs in the total credit costs.
23 December, 2020

The Senate recognizes the right of a US citizen arising from an international agreement to claim the granting of a Latvian state old-age pension for the insurance period accumulated in Latvia

On December 23, the Department of Administrative Cases of the Senate revoked the judgment of the Regional Administrative Court rejecting the claim for granting an old-age pension to an applicant who resides in the United States and has US citizenship and insurance experience in Latvia. The Senate acknowledged that the court should re-evaluate the circumstances of the case and the Agreement of November 5, 1992 between the Government of the Republic of Latvia and the Government of the United States of America on Mutual Payment of Pensions (hereinafter – the Bilateral Agreement). The case has been remitted to the Regional Administrative Court.
21 December, 2020

The Senate suspends proceedings in the case of Dobeles HES regarding the decision of the Public Utilities Commission and addresses the Court of Justice of the European Union

On 18 December, the Department of Administrative Cases of the Senate suspended proceedings in the case initiated on the basis of an application of SIA “DOBELES HES” regarding the decision of the Public Utilities Commission not to compensate the Applicant for losses incurred in the result of the sale of produced electricity. Having examined the cassation complaint of the Public Utilities Commission (hereinafter – the Regulator) and the Applicant's counterclaim against the judgment of the Administrative Regional Court, the Senate had doubts about the interpretation of European Union law, therefore the Senate suspended the proceedings and referred questions to the Court of Justice of the European Union for a preliminary ruling. The proceedings are suspended until the ruling of the Court of Justice of the European Union enters into force.
9 December, 2020

The Court of Justice of the European Union delivers judgment in response to a request by the Senate of Latvia

On December 10, the Court of Justice of the European Union delivered a judgment in response to questions from the Department of Administrative Cases of the Senate in a dispute between a foreign company Euromin Holdings (Cyprus) Limited and the Financial and Capital Market Commission (FCMC). The FCMC decision has set a different repurchase price for JSC Ventspils nafta shares for a foreign company.
13 July, 2020

The case concerning import duty on copper and zinc alloys is being reopened

On 10 July the Department of Administrative Cases of the Supreme Court (Senate) annulled the judgment of the Regional Administrative Court, which satisfied the application of SIA “Hydro Energo” and annulled the decision of the State Revenue Service regarding the tax debt calculated for the applicant for imported goods – brass rods. Evaluating the answers provided by the Court of Justice of the European Union to the question referred by the Senate, the Senate acknowledged that the Regional Court, in determining the classification of the product, had misinterpreted the provision of substantive law. The Senate referred the case for re-examination before the Regional Administrative Court.
10 June, 2020

The Senate suspends the proceedings in three cases and refers questions to the Court of Justice of the European Union

On June 3 and 4, the Department of Administrative Cases of the Senate suspended the proceedings in two cases of the applicant SIA "Sātiņi-S" regarding compensation payments in Natura 2000 sites and decided to refer preliminary questions to the Court of Justice of the European Union.
22 November, 2019

The decision of the State Revenue Service to deny the right to deduct input tax is declared unjustified

On November 22, the Department of Administrative Cases of the Supreme Court (Senate) left unamended the judgment of the Administrative Regional Court, which upheld the application of SIA Altic and annulled the decision of the State Revenue Service which imposed an obligation to pay value added tax, fine and late payment fee. The Senate upheld the Regional Court’s conclusion that the applicant was entitled to deduct input tax.
30 April, 2019

The proceedings are stayed in the case of the applicable import duty on copper and zinc alloys and the case referred to the Court of Justice of the European Union

On 18 April, the Department of Administrative Cases of the Supreme Court (Senate) suspended legal proceedings in a case initiated on the basis of application by SIA “Hydro Energo” for annulment of the State Revenue Service’s decision according to which customs duty and overdue payment has been calculated for the applicant in addition to applicant’s payment to the budget. The Senate decided to refer the case to the Court of Justice of the European Union for a preliminary ruling. The proceedings in the case are suspended until the judgment of the Court of Justice of the European Union enters into force.