The Senate’s Department of Civil Cases has suspended proceedings in a civil case concerning cessation of different treatment and compensation of non-pecuniary damage, in order to submit preliminary questions to the Court of Justice of the European Union (CJEU). The proceedings have been suspended until the CJEU decision enters into force.

In the present case, the claimant – a citizen of the Republic of Lithuania – has repeatedly applied for the position of air traffic controller at the state-owned public company “Latvijas Gaisa Satiksme” (LGS), but has been rejected each time. As the claimant considers these rejections to be based on her citizenship, and there exists a prolonged prior conflict between the parties, she has brought an action against LGS to obtain an order directing the defendant to cease subjecting her to discrimination which might also contain elements of mobbing.

The courts of first and appellate instance have dismissed the complaint, holding that there exist statutory restrictions to employ the claimant, as the current legal framework requires air traffic controllers to be persons who have obtained the security clearance granting access to state secrets. Consequently, these vacancies can only be filled by citizens of the Republic of Latvia.

The Senate concluded that the issues raised in the present case are closely linked to the right of free movement for workers within the European Union and to the prohibition of discrimination on the basis of European Union citizenship. As noted by the Senate, CJEU has not yet addressed cases where these rights have been restricted due to a requirement for the worker to access state secrets, therefore clarification must be sought on whether such a restriction is compatible with European Union law. In the present case, it is also necessary to establish whether the position of air traffic controller qualifies as employment in the public service under European Union law, namely, whether it is connected to direct or indirect participation in exercising public authority and to duties that involve safeguarding the general interests of the state or other public bodies, as that might mean it falls outside the regulations governing the freedom of movement of workers. As the certification of air traffic controllers is regulated at the European Union level, it might additionally be necessary to evaluate the situation at hand in terms of prohibiting discrimination. Therefore, the Senate has submitted three preliminary questions to CJEU regarding the interpretation and application of the relevant provisions of European Union law.

Case SKC-448/2026 (C33598724)

Information prepared by Viesturs Lācis, Adviser in the Matters of Senate Communication

Telephone: +371 67020302; e-mail: viesturs.lacis@at.gov.lv