6 February, 2015
Compilation of case-law in cases on insolvency procedure of legal entities performed by Helmuts Jauja, the leading lawyer of bureau of sworn advocates “Deloitte Legal” is discussed and approved for publishing at the general meeting of judges of the Department of Civil Cases of the Supreme Court.
Study includes rulings of the Department of Civil Cases of the Supreme Court (until 1 January 2014 – the Senate) adopted, when reviewing protests on court rulings in cases on insolvency procedure of a legal entity between 2011 and 2014, which suits period since current Insolvency Law has been effective. The Department of Civil Cases adopted rulings also in cases on insolvency procedure, which have been regulated by the Insolvency Law of 1 November 2007, and study includes rulings, whose theses are used also when applying the Insolvency Law, which is currently effective.
Cases on insolvency procedure of legal entities are heard by district (city) courts and a judgement of a court on announcement of insolvency of the legal entity or on rejection of an application for insolvency procedure may not be appealed. Decisions of the court, which are adopted when reviewing applications and complaints in cases on insolvency procedure of a legal entity, also may not be appealed. The only opportunity to avoid essential violations of substantial and procedural law in irreversible court rulings in cases on insolvency procedure of legal entities is to protest against these rulings under procedure stipulated in Chapter 60 of the Civil Procedure Law. A protest against court ruling, which became effective, may be filed to the Supreme Court by the Prosecutor General or the Chief prosecutor of the Department on Protection of Individuals’ and State Rights of the Prosecutor’s General Office. The protest is reviewed by the Department of Civil Cases of the Supreme Court under procedure stipulated is Section 464-477 of the Civil Procedure Law.
Research is elaborated within framework of the project “Interdisciplinary training on Interdisciplinary training for judiciary and other legal professions on origination of financial and economic crimes and related case-law” upon order of the Latvian Judicial Training Centre. The project is financed by Directorate General Home Affairs of the European Commission, co-finance is provided by the Latvian Judicial Training Centre, the Prosecutor’s General Office of the Republic of Latvia, the State Revenue Service, and the Latvian Council of Sworn Advocates.
Study is available on the web site of the Supreme Court, in section Judicature/ Compilations of court decisions / Civil law.
Information prepared by
Rasma Zvejniece, the Head of the Division of Communication of the Supreme Court
E-mail: email@example.com, telephone: 67020396, 28652211