Recognition of Foreign Judgments in Latvia
Recognition of Foreign Judgments in LatviaUpdated on Friday 21st August 2015
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Foreign judgments can be recognized and enforced in Latvia according to Chapter 77 in the Civil Procedure Law that establishes the methodology on how rulings issued by foreign courts will be enforced in Latvia. The legislation for the recognition of foreign judgments in Latvia is quite ample, Articles 636 to 6445 in the Civil Procedure Code being dedicated to the regulations of recognition and enforcement of foreign rulings. These regulations will be enforced in both civil and commercial matters.
As an EU member state, Latvia has also adopted the Council’s regulations (EC) 44/2001, (EC) 220/2003, (EC) 805/2004, (EC) 861/2007 and (EC) 1896/2006 regarding the recognition and enforcement of foreign judgments.
What are the requirements for enforcing a foreign judgment in Latvia?
According to the Civil Procedure Code, there is no limitation of the period of time a foreign judgment can be recognized and enforced in Latvia. Also, a foreign ruling does not have to be definitive in order to be recognized in Latvia.
The Civil Code, however, states that the ruling must be in force, meaning it cannot be submitted to an appeal. In order to be recognized in Latvia, a foreign judgment must be delivered by a competent foreign court and the dispute between parties must have been fairly tried. Also, an amicable settlement between parties must have been recognized by the foreign court of justice.
The procedure for recognizing a foreign ruling in Latvia
The application for the recognition of a foreign judgment must be submitted with a Latvian district or city court and it will be based on the place of execution or the legal address or residence of the defendant. The application must contain the following data:
- - the name of the court to which the application will be submitted,
- - the full name, identification data, such as a personal identity number and residence of the defendant or, in case of companies, the registered address,
- - the subject of the application and the facts the application is based on,
- - a petition for the recognition and enforcement of the foreign decision,
- - an authorization for the representative and his/her address, if one has been nominated,
- - a list of the documents that have been submitted with the application,
- - the date when the application was filled in.
The decision on the recognition and execution or the refusal of a foreign ruling will be taken by a single Latvian judge considering the evidence submitted within 10 days without hearing any of the parties involved in the settlement.
What documents must be submitted for the enforcement of a foreign decision in Latvia?
Together with the application, a series of documents must be submitted for the recognition and enforcement of a foreign judgment in Latvia. These documents are:
- - the foreign court’s decision stating the ruling is legal and enforceable,
- - a document issued by the foreign court stating the defendants who has not participated in the ruling was properly informed about the place and time of the judgment,
- - a document issued by the foreign court stating the judgment was partially applied,
- - a document issued by the foreign court stating the decision can be enforced in Latvia,
- - a receipt after the payment of the state fee,
- - the application and a notarized translation of the documents issued by the foreign court.