European enforcement order

Latvia

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Latvia

Recognising and enforcing judgements in civil and commercial matters - European enforcement order


*mandatory input

1. Procedures for rectification and withdrawal (Art. 10(2))

Concerning information on the rules set out in national legislation implementing the application of Article 10(2) of the Regulation and laying down the procedure for rectification or withdrawal of a European Enforcement Order Certificate, the Latvian authorities would point out that the measures implementing Article 19(2) have been incorporated into Articles 543.1 and 545.1 of the Latvian Civil Procedure Law.

2. Procedures for review (Art.19 (1))

With regard to the implementation of Article 19(1) of the Regulation, no additional rules have been incorporated into national legislation, as in Latvia these rules are covered by the provisions of the Civil Procedure Law.

‘Article 51. Reinstating of procedural time limits

(1) On application by a party to the proceedings, the court shall reinstate procedural time limits that have not been met if it finds the reasons for their not having been met justified.

(2) When reinstating a procedural time limit that has not been met, the court shall also allow the delayed procedural action to be carried out.

Article 52. Extension of procedural time limits

The time limits set by a court or a judge may be extended on application by a party to the proceedings.

Article 53 Procedure for extending or reinstating procedural time limits

1) An application to extend or reinstate a time limit that has not been met shall be submitted to the court where the delayed action was to be carried out, and the application shall be examined by written procedure. Prior to the examination of the application by written procedure, the parties to proceedings shall be notified thereof and they shall be sent an application to have a time limit extended or a time limit that has not been met reinstated at the same time.

(2) An application for the reinstatement of a procedural time limit shall be accompanied by documents required for execution of the procedural action, and the grounds for reinstating the time limit.

(3) A time limit set by a judge may be extended by a judge sitting alone.

(4) An ancillary complaint may be made with regard to a refusal of a court or a judge to extend or reinstate a time limit.’

3. Accepted languages (Article 20(2)(c))

In accordance with Article 20(2)(c) of the Regulation, Latvia indicates Latvian as the accepted language for receiving and issuing a European Enforcement Order Certificate.

4. Authorities designated for the purpose of certifying authentic instruments (Art. 25)

Article 107.11(3) of the Law on notaries:

At the request of the claimant, a sworn notary shall, on the basis of Regulation (EC) No 805/2004 of the European Parliament and of the Council of 21 April 2004 creating a European Enforcement Order for uncontested claims (hereinafter referred to as Regulation No 805/2004) and Article 25(1) thereof, issue a European Enforcement Order (Annex III to Regulation No 805/2004) for the notarial acts of enforcement issued.

Last update: 05/04/2024

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