State fees in Latvia relating to European Small Claims Procedure and European order for payment procedure.
In order to execute a judgment of a Latvian court in any other EU Member State, European Enforcement Order for uncontested claims (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) is issued equally as any other execution document. Latvian Civil procedure code does not foresee a State fee for issuing an execution document. Therefore the court issues European Enforcement Order at the request of the creditor pursuant part one of Article 541.1 of Latvian Civil procedure code without withholding additional fee.
Article 541.1 Issuing of European Union execution documents and documents related to execution
(1) Pursuant to Regulation of the European Parliament and of the Council No.805/2004, the court issues European Enforcement Order at the request of the creditor after a judgment or a decision has come into lawful effect, but in cases where the judgment or the decision is to be executed without delay, immediately after the judgment is pronounced or the decision taken.
The amount of State fee for European order payment procedure (Regulation (EC) No 1896/2006 of the European Parliament and of the Council of 12 December 2006 creating a European order for payment procedure) is to be determined pursuant to point 1, part 1 of Article 34 of Latvian Civil procedure code and may vary depending on the amount claimed.
Section 34. State Fees
(1) For each statement of claim – original claims or counterclaims, applications of a third party statement of claim with an independent claim regarding the subject-matter of the dispute, submitted in a procedure already commenced, applications in special adjudication procedure matters, and other claims applications provided for in this Section submitted to the court – a State fee shall be paid in the amount set out as follows:
1) in regard to claims assessable as a monetary amount:
a) (excluded with law of February 5, 2009).
b) up to to 1 000 lats – 15 per cent of the amount claimed, but no less than 50 lats,
c) from 1 001 lats to 5 000 lats – 150 lats plus 2.5 per cent of the amount claimed exceeding 1 000 lats,
d) from 5 001 lats to 20 000 lats – 250 lats plus 1.6 per cent of the amount claimed exceeding 5 000 lats,
e) from 20 001 lats to 100 000 lats – 490 lats plus one per cent of the amount claimed exceeding 20 000 lats,
f) from 100 001 lats to 500 000 lats – 1290 lats plus 0.3 per cent of the amount claimed exceeding 100 000 lats, and
g) exceeding 500 000 lats – 2490 lats plus 0.05 per cent of the amount claimed exceeding 500 000 lats;
Taking into account that value of the claim in European Small Claims Procedure (Regulation (EC) No 861/2007 of the European Parliament and of the Council of 11 July 2007 establishing a European Small Claims Procedure) may not exceed EUR 2 000, the amount of State fee is to be determined pursuant to subparagraphs b) or c) of point 1, part 1 of Article 34 of Latvian Civil procedure code and may vary depending on the amount claimed.
Section 34. State Fees
(1) For each statement of claim – original claims or counterclaims, applications of a third party statement of claim with an independent claim regarding the subject-matter of the dispute, submitted in a procedure already commenced, applications in special adjudication procedure matters, and other claims applications provided for in this Section submitted to the court – a State fee shall be paid in the amount set out as follows:
1) in regard to claims assessable as a monetary amount:
a) (excluded with law of February 5, 2009).
b) up to to 1 000 lats – 15 per cent of the amount claimed, but no less than 50 lats,
c) from 1 001 lats to 5 000 lats – 150 lats plus 2.5 per cent of the amount claimed exceeding 1 000 lats.
