9 December, Department of Administrative Cases of the Supreme Court terminated the proceedings on ancillary complaint due to the fact that the Applicant of ancillary complaint, the Public Utilities Commission, had no right to submit an ancillary complaint on decision of 21 October 2016 of the Regional Administrative Court. The Supreme Court in its decision stated that in order to appeal against the court's decision, it was necessary to establish infringement of subjective rights of Applicant. Administrative Procedure Law foresaw the possibility of lodging an ancillary complaint only in case of negative decisions. In the case under examination, the Public Utilities Commission submitted the ancillary complaint against a decision that dismissed the Applicant’s (JSC "Latvijas Gāze") temporary protection request and the operative part of which corresponded to the Public Utilities Commission's point of view on the right outcome of the processing of temporary protection request. Considering that in the case of satisfaction of the ancillary complaint, the outcome of contested decision would remain unchanged; the court's decision in regard to Commission was equivalent to such decision that meets the interests of the Applicant.
The decision of Administrative Regional Court dismissed the application of JSC "Latvijas Gāze" for temporary protection in the case, namely it rejected JSC "Latvijas Gāze” request to determine that until the delivery of judgment the temporary derogation requested in the application is being replaced by a court decision, which restricts the rights of third parties, who address the Applicant with a request to transport natural gas purchased from other natural gas traders for consumption in gasified objects in the Republic of Latvia, by using infrastructure owned by Applicant, until 3 April 2017.
Information prepared by Baiba Kataja, the Press Secretary of the Supreme Court
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