Constitutional Court

Cases

Constitutional Court and Senate cases in which I have represented clients. Only facts from the texts of the judgments.

Two cases in which the Constitutional Court found legal provisions incompatible with the Constitution. In both I represented the applicants from the application to the judgment.

Constitutional Court, Nr. 2024-21-0103, 10 December 2025

Statutory land use fee and cadastral valuation

Incompatible with the Constitution

What the problem was

For owners of land on which buildings belonging to others stand, the law set a use fee and a cadastral valuation procedure that could leave the owner with zero or less after paying the tax.

What the court ruled

The Constitutional Court found incompatible with the first and third sentences of Article 105 of the Constitution and void from 1 January 2027: the second sentence of the second paragraph of Section 38 and the seventh paragraph of Section 42 of the law on the entry into force of the Civil Law, points 43.1, 43.2 and 43.3 of the transitional provisions of the State Real Estate Cadastre Law, and points 40 and 42 of Cabinet Regulation No. 103 as regards statutory land use relations. By 1 June 2026 the Saeima must set a procedure for landowners to receive adequate compensation for the infringement from 1 January 2025 in cases where the use fee does not cover the real estate tax, equals it, or leaves the owner disproportionately little after the tax.

What it means

Landowners whose use fee does not cover the tax, equals it, or leaves disproportionately little after the tax are entitled to compensation for the period from 1 January 2025. The Saeima had to set the procedure by 1 June 2026. The challenged provisions cease to apply on 1 January 2027.

Speeches in court

Speech before the Constitutional Court in case No. 2024-21-0103, 11 November 2025When you click, the video will be loaded from YouTube. YouTube uses cookies and receives your IP address. Watch on YouTube

Speech before the Constitutional Court in case No. 2024-21-0103, 15 October 2025When you click, the video will be loaded from YouTube. YouTube uses cookies and receives your IP address. Watch on YouTube

Documents

Constitutional Court, Nr. 2022-02-01, 2 May 2023

Land use fee of 4 %

Incompatible with the Constitution

What the problem was

The law set a land use fee of 4 % of the cadastral value of the land per year. The court found that this amount no longer fulfilled a compensatory function.

What the court ruled

The Constitutional Court found the second paragraph of Section 38 and the first paragraph of Section 42 of the law "On the Time and Procedure for the Entry into Force of the Introduction, Inheritance Law and Property Law Parts of the Renewed Civil Law of the Republic of Latvia of 1937" incompatible with Article 1 and the first and third sentences of Article 105 of the Constitution and void from 1 July 2024.

What it means

The fee of 4 % per year ceased to apply on 1 July 2024. The legislator had to adopt new regulation.

In fairness

The right of statutory use itself (the first paragraph of Section 38) was found compatible with the Constitution, and the proceedings were terminated in two parts.

Speeches in court

Speech before the Constitutional Court in case No. 2022-02-01, 6 April 2023When you click, the video will be loaded from YouTube. YouTube uses cookies and receives your IP address. Watch on YouTube

Speech before the Constitutional Court in case No. 2022-02-01, 4 April 2023When you click, the video will be loaded from YouTube. YouTube uses cookies and receives your IP address. Watch on YouTube

Documents

The outcome of previous cases does not guarantee the result in another case. The result for each case is exactly as stated in the judgment.

Senate, Department of Civil Cases

23 SKC, 2020 līdz 2023

A series of claims by one landowner against apartment owners for land rent arrears, statutory default interest, real estate tax compensation and litigation costs (one case in the series concerns enforcement against real estate). I represented the claimant.

28 judgments in the series in total. Shown here are 23 cases in which the Senate set aside the judgment in the part unfavourable to the claimant. The others, where only the part favourable to the claimant was set aside, are not shown on this site.

On the claimant's cassation appeal, the Senate set aside the regional court's judgment in the part unfavourable to the claimant (mainly the refusal to award default interest and litigation costs) and referred the case for fresh examination. In some of the cases the defendant's cassation appeal was also upheld in another part.

All judgments refer the case for fresh examination. None is a final judgment on recovery of money.

Year

Search by number

Found 23 / 23

SKC-13/2023Senate, 21 September 2023Set aside in part, referred for fresh examination
ResultOn the claimant's cassation appeal, the Senate set aside the regional court's judgment in the part unfavourable to the claimant (mainly the refusal to award default interest and litigation costs) and referred the case for fresh examination. In some of the cases the defendant's cassation appeal was also upheld in another part.
Key findingThe advocate is still writing the finding.
Anonymised rulingNo public link found.
SKC-17/2023Senate, 29 June 2023Set aside in part, referred for fresh examination
ResultOn the claimant's cassation appeal, the Senate set aside the regional court's judgment in the part unfavourable to the claimant (mainly the refusal to award default interest and litigation costs) and referred the case for fresh examination. In some of the cases the defendant's cassation appeal was also upheld in another part.
Key findingThe advocate is still writing the finding.
Anonymised rulingNo public link found.
SKC-82/2022Senate, 3 November 2022Set aside in part, referred for fresh examination
ResultOn the claimant's cassation appeal, the Senate set aside the regional court's judgment in the part unfavourable to the claimant (mainly the refusal to award default interest and litigation costs) and referred the case for fresh examination. In some of the cases the defendant's cassation appeal was also upheld in another part.
Key findingThe advocate is still writing the finding.
Anonymised rulingNo public link found.
SKC-18/2022Senate, 30 September 2022Set aside in part, referred for fresh examination
ResultOn the claimant's cassation appeal, the Senate set aside the regional court's judgment in the part unfavourable to the claimant (mainly the refusal to award default interest and litigation costs) and referred the case for fresh examination. In some of the cases the defendant's cassation appeal was also upheld in another part.
Key findingThe advocate is still writing the finding.
Anonymised rulingNo public link found.
SKC-174/2022Senate, 21 September 2022Set aside in part, referred for fresh examination
This case concerned enforcement against real estate and recognition of a transaction as a gift, not the rent itself.
ResultOn the claimant's cassation appeal, the Senate set aside the regional court's judgment in the part unfavourable to the claimant (mainly the refusal to award default interest and litigation costs) and referred the case for fresh examination. In some of the cases the defendant's cassation appeal was also upheld in another part.
Key findingThe advocate is still writing the finding.
Anonymised rulingNo public link found.
SKC-117/2022Senate, 14 September 2022Set aside in part, referred for fresh examination
ResultOn the claimant's cassation appeal, the Senate set aside the regional court's judgment in the part unfavourable to the claimant (mainly the refusal to award default interest and litigation costs) and referred the case for fresh examination. In some of the cases the defendant's cassation appeal was also upheld in another part.
Key findingThe advocate is still writing the finding.
Anonymised rulingNo public link found.
SKC-51/2022Senate, 30 August 2022Set aside in part, referred for fresh examination
ResultOn the claimant's cassation appeal, the Senate set aside the regional court's judgment in the part unfavourable to the claimant (mainly the refusal to award default interest and litigation costs) and referred the case for fresh examination. In some of the cases the defendant's cassation appeal was also upheld in another part.
Key findingThe advocate is still writing the finding.
Anonymised rulingNo public link found.
SKC-55/2022Senate, 30 August 2022Set aside in part, referred for fresh examination
ResultOn the claimant's cassation appeal, the Senate set aside the regional court's judgment in the part unfavourable to the claimant (mainly the refusal to award default interest and litigation costs) and referred the case for fresh examination. In some of the cases the defendant's cassation appeal was also upheld in another part.
Key findingThe advocate is still writing the finding.
Anonymised rulingNo public link found.
SKC-57/2022Senate, 30 August 2022Set aside in part, referred for fresh examination
ResultOn the claimant's cassation appeal, the Senate set aside the regional court's judgment in the part unfavourable to the claimant (mainly the refusal to award default interest and litigation costs) and referred the case for fresh examination. In some of the cases the defendant's cassation appeal was also upheld in another part.
Key findingThe advocate is still writing the finding.
Anonymised rulingNo public link found.
SKC-37/2022Senate, 1 July 2022Set aside in part, referred for fresh examination
ResultOn the claimant's cassation appeal, the Senate set aside the regional court's judgment in the part unfavourable to the claimant (mainly the refusal to award default interest and litigation costs) and referred the case for fresh examination. In some of the cases the defendant's cassation appeal was also upheld in another part.
Key findingThe advocate is still writing the finding.
Anonymised rulingNo public link found.
SKC-47/2022Senate, 1 July 2022Set aside in part, referred for fresh examination
ResultOn the claimant's cassation appeal, the Senate set aside the regional court's judgment in the part unfavourable to the claimant (mainly the refusal to award default interest and litigation costs) and referred the case for fresh examination. In some of the cases the defendant's cassation appeal was also upheld in another part.
Key findingThe advocate is still writing the finding.
Anonymised rulingNo public link found.
SKC-73/2022Senate, 29 June 2022Set aside in part, referred for fresh examination
ResultOn the claimant's cassation appeal, the Senate set aside the regional court's judgment in the part unfavourable to the claimant (mainly the refusal to award default interest and litigation costs) and referred the case for fresh examination. In some of the cases the defendant's cassation appeal was also upheld in another part.
Key findingThe advocate is still writing the finding.
Anonymised rulingNo public link found.
SKC-29/2022Senate, 22 June 2022Set aside in part, referred for fresh examination
ResultOn the claimant's cassation appeal, the Senate set aside the regional court's judgment in the part unfavourable to the claimant (mainly the refusal to award default interest and litigation costs) and referred the case for fresh examination. In some of the cases the defendant's cassation appeal was also upheld in another part.
Key findingThe advocate is still writing the finding.
Anonymised rulingNo public link found.
SKC-30/2022Senate, 31 May 2022Set aside in part, referred for fresh examination
ResultOn the claimant's cassation appeal, the Senate set aside the regional court's judgment in the part unfavourable to the claimant (mainly the refusal to award default interest and litigation costs) and referred the case for fresh examination. In some of the cases the defendant's cassation appeal was also upheld in another part.
Key findingThe advocate is still writing the finding.
Anonymised rulingNo public link found.
SKC-28/2022Senate, 30 May 2022Set aside in part, referred for fresh examination
ResultOn the claimant's cassation appeal, the Senate set aside the regional court's judgment in the part unfavourable to the claimant (mainly the refusal to award default interest and litigation costs) and referred the case for fresh examination. In some of the cases the defendant's cassation appeal was also upheld in another part.
Key findingThe advocate is still writing the finding.
Anonymised rulingNo public link found.
SKC-43/2022Senate, 30 May 2022Set aside in part, referred for fresh examination
ResultOn the claimant's cassation appeal, the Senate set aside the regional court's judgment in the part unfavourable to the claimant (mainly the refusal to award default interest and litigation costs) and referred the case for fresh examination. In some of the cases the defendant's cassation appeal was also upheld in another part.
Key findingThe advocate is still writing the finding.
Anonymised rulingNo public link found.
SKC-22/2022Senate, 29 April 2022Set aside in part, referred for fresh examination
ResultOn the claimant's cassation appeal, the Senate set aside the regional court's judgment in the part unfavourable to the claimant (mainly the refusal to award default interest and litigation costs) and referred the case for fresh examination. In some of the cases the defendant's cassation appeal was also upheld in another part.
Key findingThe advocate is still writing the finding.
Anonymised rulingNo public link found.
SKC-90/2021Senate, 10 May 2021Set aside in part, referred for fresh examination
ResultOn the claimant's cassation appeal, the Senate set aside the regional court's judgment in the part unfavourable to the claimant (mainly the refusal to award default interest and litigation costs) and referred the case for fresh examination. In some of the cases the defendant's cassation appeal was also upheld in another part.
Key findingThe advocate is still writing the finding.
Anonymised rulingNo public link found.
SKC-146/2020Senate, 27 April 2021Set aside in part, referred for fresh examination
ResultOn the claimant's cassation appeal, the Senate set aside the regional court's judgment in the part unfavourable to the claimant (mainly the refusal to award default interest and litigation costs) and referred the case for fresh examination. In some of the cases the defendant's cassation appeal was also upheld in another part.
Key findingThe advocate is still writing the finding.
Anonymised rulingNo public link found.
SKC-119/2021Senate, 17 March 2021Set aside in part, referred for fresh examination
ResultOn the claimant's cassation appeal, the Senate set aside the regional court's judgment in the part unfavourable to the claimant (mainly the refusal to award default interest and litigation costs) and referred the case for fresh examination. In some of the cases the defendant's cassation appeal was also upheld in another part.
Key findingThe advocate is still writing the finding.
Anonymised rulingNo public link found.
SKC-87/2021Senate, 14 January 2021Set aside in part, referred for fresh examination
ResultOn the claimant's cassation appeal, the Senate set aside the regional court's judgment in the part unfavourable to the claimant (mainly the refusal to award default interest and litigation costs) and referred the case for fresh examination. In some of the cases the defendant's cassation appeal was also upheld in another part.
Key findingThe advocate is still writing the finding.
Anonymised rulingNo public link found.
SKC-112/2021Senate, 2021Set aside in part, referred for fresh examination
The judgment date in the document is inconsistent, so only the year is shown.
ResultOn the claimant's cassation appeal, the Senate set aside the regional court's judgment in the part unfavourable to the claimant (mainly the refusal to award default interest and litigation costs) and referred the case for fresh examination. In some of the cases the defendant's cassation appeal was also upheld in another part.
Key findingThe advocate is still writing the finding.
Anonymised rulingNo public link found.
SKC-1254/2020Senate, 9 December 2020Set aside in part, referred for fresh examination
ResultOn the claimant's cassation appeal, the Senate set aside the regional court's judgment in the part unfavourable to the claimant (mainly the refusal to award default interest and litigation costs) and referred the case for fresh examination. In some of the cases the defendant's cassation appeal was also upheld in another part.
Key findingThe advocate is still writing the finding.
Anonymised rulingNo public link found.