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Archive

17 December, 2014

Application filed by banks regarding annulment of a decision of the Competition Council is rejected

On 17 December, the Department of Administrative Cases of the Supreme Court upheld judgement of the Administrative regional court, in which application filed by banks regarding annulment of a decision of the Competition Council is rejected. With the decision of the institution, infringement of the Competition Law was established in actions of banks and they were imposed a fine. The Supreme Court recognises that the regional court verified argumentation and reasoning included in appealed decision in respect of the fact that an agreement on commission fees affected situation at the market. Judgement of the Supreme Court is irreversible.

14 November, 2014

A preliminary question is referred to the Court of Justice of the European Union in the case regarding decision of the Competition Council

On 13 November, the Department of Administrative Cases of the Supreme Court suspended proceedings in a case regarding annulment of a decision of the Competition Council, to ask a preliminary question to the Court of Justice of the European Union.

26 September, 2014

In criminal case on incrimination of organisation of murder committed for the purpose of acquiring property information will be requested from Belarus

On 10 September, the Chamber of Criminal Cases of the Supreme Court heard the criminal cases, in which by the judgement of Riga regional court the accused was found guilty and punished with deprivation of liberty for 10 years, confiscation of property, for organisation of her husband’s murder in aggravating circumstances in 2010 – for the purpose of acquiring property.

19 September, 2014

Request of CAF regarding invitation of the third party in dispute with Pasažieru vilciens JSC is rejected

On September 19, the Department of Administrative Cases of the Supreme Court, having examined in written procedure an ancillary complaint filed by Spanish company Construcciones y Auxiliar de Ferrocarriles S.A., upheld the decuision of the Administrative district court, which rejected request of the Construcciones y Auxiliar de Ferrocarriles S.A. to invite “CAF Latvia” Ltd. as the thirds party to the case. The decision of the Suprme Court may not be appealed.

11 July, 2014

In dispute between Maxima Latvija and the Competition Council the court asks prejudicial questions to the European Court of Justice

On 11 July, the Department of Administrative Cases of the Supreme Court decided to suspend proceedings in case of “MAXIMA Latvija” Ltd. (further in text – Maxima Latvija) and the Competition Council and to ask prejudicial questions to the European Court of Justice. Proceedings in the case are suspended until the ruling of the European Court of Justice becomes effective.

26 June, 2014

The claim in a case on opportunity to trade medicine containing substance named “Losartan” is rejected

On June 26, the Chamber of Civil Cases of the Supreme Court rejected claim filed by the E.l. du Pont de Nemours and Company against Actavis Group Hf concerning recognition of breach of rights granted by additional protection certificate. Full judgement of the appellate instance court will be prepared on July 10 and after the date of compilation of reasoned ruling parties to the case will be able to appeal against it under cassation procedure within 30 days.

17 June, 2014

The court shall announce ruling in disputes between pharmaceutical manufacturers on opportunity to trade medicine containing substance named “Losartan” on June, 26

On June 17, the Chamber of Civil Cases of the Supreme Court reviewed appellate claim filed by the E.l. du Pont de Nemours and Company against judgement of Riga regional court, by which claim against Actavis Group Hf concerning recognition of breach of rights granted by additional protection certificate was rejected. The appellate instance court heard the case on the merits in a court session and declared that the ruling shall be announced on June 26, at 9:50 o’clock.

20 May, 2014

The judgement on dispute with the State Revenue Service regarding rejection to deduct pre-tax has become effective

he Supreme Court Department of Administrative Cases in the assignment sitting on May 15 refused to initiate cassation proceedings in the case on pre-tax deduction. The court adopted such decision, as the judgement of the appellate instance court is correct and corresponds with established case-law. Thus, the judgement of the Administrative regional court of 10 February 2014, by which application of “Forvards V” Ltd. on abrogation of the decision of the State Revenue Service is rejected, has become effective.

6 May, 2014

Claim on discontinuation of unlawful use of IKEA trademark is satisfied

On May 6, the Chamber of Civil Cases of the Supreme Court satisfied claim of the Dutch company “Inter IKEA Systems B.V.” filed against limited liability company “I-Home” on discontinuation of unlawful use of trademarks and recovery of compensation for non-pecuniary damage.

8 April, 2014

The Supreme Court: responsibility of a tax payer to pay overdue payment in case of occurrence of customs debt

With the case being examined in the general meeting of the Supreme Court Department of Administrative Cases of 25 March 2014, judicature (case-law) has changed in respect of the responsibility of a tax payer to pay overdue payment in case of occurrence of customs debt. The law “On Taxes and Fees” stipulates the responsibility of a tax payer to pay overdue payment for the period from the moment of origination of principal debt until adoption of decision of the institution – inter alia, in case customs debt occurs. The responsibility to pay overdue payment, in accordance with Paragraph One, Section 32 of this law, has been effective since 1 January 2007.

28 March, 2014

Proceedings on application of the banks regarding prohibited agreement established by the Competition Council and punishment imposed have been suspended

On March 28, the Department of Administrative Cases of the Supreme Court decided to suspend proceedings in the case, in which several banks filed an application regarding decision of the Competition Council establishing violation of the Competition Law in actions of these banks and they were imposed a fine. The proceedings have been suspended in the case until the judgement of the court of Justice of the European Union shall become effective.

18 February, 2014

Judgement on payments for surplus sugar stock calculated by the State Revenue Service became effective

On February 13, the Department of Administrative Cases of the Supreme Court in its assignments sitting adopted decision to reject initiation of cassation proceedings regarding payment calculated by the State Revenue Service to “Cido Grupa” Ltd. for surplus stock of product, which contains sugar. Having examined judgement of a regional court, the Supreme Court admitted that it had no doubts about rule of law of this judgement. Considerations of the regional court comply with judgement of the Supreme Court rendered in case being reviewed and with judgement of the European Court of Justice, which is related to the case being reviewed. Thus, the judgement of the appellate instance court of 25 April 2013, rejecting application of “Cido Grupa” Ltd. on cancellation of decision of the State Revenue Service, became effective.