2 November, 2016
2 November, the Department of Civil Cases of the Supreme Court (SC) terminated the proceedings in connection with application by company registered in the British Virgin Islands Recoletos Limited on declaration enforceable in the Republic of Latvia the order of 29 April 2013 of Christoper Clarke, Judge of the Commercial Court of the Queen's Bench Division of the High Court of Justice of the United Kingdom, by applying the means for securing claims provided for in Article 138 of the Civil Procedure Law. Final decision of the court will be drawn up until 16 November.
28 October, the representative of Recoletos Limited submitted a written application to the court to terminate proceedings based that the Commercial Court of the Queen's Bench Division of the High Court of Justice of the United Kingdom on 21 July 2015 annulled the order of 29 April 2013 of the judge Christoper Clarke, therefore the parties were not in the dispute about the execution of the said order in the Republic of Latvia. Also at the hearing the representative of Rudolf Meroni withdrew the ancillary complaint on the decision of Kurzeme Regional Court of 8 October 2013. After hearing the parties, the court terminated the proceedings.
By hearing the case on ancillary complaint on 15 October 2014, the Department of Civil Cases acknowledged that in terms of this case questions should be referred to the Court of Justice of the European Union for adoption of preliminary ruling in relation to way of interpreting the Council Regulation (EC) No 44/2001 of 22 December 2000 "On jurisdiction and the recognition and enforcement of judgments in civil and commercial matters" and the Charter of Fundamental Rights of the European Union. The Department also decided to suspend the proceedings until the entry into force of ruling of the Court of Justice of the European Union. The Court of Justice of the European Union provided information to the Supreme Court on interpretation of the Regulation.
The decision of the Kurzeme Regional Court of 8 October 2013 stated that the order of 29 April 2013 of Christoper Clarke, the judge of the Commercial Court of the Queen's Bench Division of the High Court of Justice of the United Kingdom, in Case No 2008 folio 1324; 2010 folio 1176 is enforceable in the Republic of Latvia against Aivars Lembergs, prohibiting Aivars Lembergs to alienate, dispose or reduce any value of the shares (either these are owned directly or indirectly) of AS Ventbunkers, as well as prohibiting Aivars Lembergs to instruct other persons to carry out the above steps.
Simultaneously with such a decision the proceedings in case of the execution of order of 29 April 2013 of Christoper Clarke, Judge of the Commercial Court of the Queen's Bench Division of the High Court of Justice of the United Kingdom, in the part against Olafs Berkis, Igors Skoks and Genadijs Sevcovs were terminated.
Information prepared by Baiba Kataja, the Press Secretary of the Supreme Court
Tel.: +371 67020396; e-mail: baiba.kataja@at.gov.lv