State fees in Latvia relating to European civil procedures 11.07.2013


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 claim or counterclaim, application of a third person statement of claim with an independent claim for the subject-matter of the dispute, submitted in a procedure already commenced, application 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 claim assessable as a monetary amount:

a) to 2134 euro – 15 per cent of the amount claimed but not less than 71,14 euro;

b) from 2135 euro to 7114 euro – 320,10 euro plus 4 per cent of the amount claimed exceeding 2134 euro;

c) from 7115 euro to 28 457 euro – 519,30 euro plus 3,2 per cent of the amount claimed exceeding 7114 euro;

d) from 28 458 euro to 142 287 euro – 1202,28 euro plus 1,6 per cent of the amount claimed exceeding 28 457 euro;

e) from 142 288 euro to 711 435 euro – 3023,56 euro plus 1 per cent of the amount claimed exceeding 142 287 euro;

f) more than 711 435 euro – 8715,04 euro plus 0,6 per cent of the amount claimed exceeding 711 435 euro.

2) in regard to a statement of claim in a matter regarding marriage dissolution – 142,29 euro, but for a statement of claim for dissolution of a marriage with a person who has been declared absent without information as to whereabouts or who has been sentenced to a term of deprivation of liberty of not less than three years – 14,23 euro;

3) for application in special adjudication procedure matters – 42,69 euro, for application regarding insolvency proceeding of a legal person submitted by a creditor – 355,72 euro, for application regarding insolvency proceeding of a legal person or natural person submitted by a debtor – 71,14 euro, for application regarding legal protection proceeding – 142,29 euro, for application regarding insolvency or liquidation of credit institutions – 355,72 euro;

4) in regard to other claims which are not financial in nature or are not required to be evaluated – 71,14 euro;

5) for application regarding infringements and protection of copyright and neighbouring rights, database protection (sui generis), trade marks and geographical origin indications, patents, design samples, plant species, topography of semiconductor products (hereinafter – intellectual property rights) – 213,43 euro;

6) in regard to a statement of claim in a matter regarding recognition of a decision made by the meeting of the capital company (share holders) to be ceased to be in force (Chapter 304) – 142,29 euro.

7) for application regarding securing of a claim or interim safeguard measures – 0.5 per cent of the amount claimed, but not less than 71,14 euro;

8) for application regarding securing of evidence, if such application is submitted prior to the bringing of the action – 28,46 euro;

9) for application regarding an undisputed compulsory execution, for application regarding European order for payment in accordance with Regulation (EC) No. 1896/2006 of the European Parliament and of the Council of 12 December 2006 creating a European order for payment procedure (hereinafter – European Parliament and Council Regulation No 1896/2006) or voluntary sale of immovable property by auction through the court – two per cent of the amount of the debt or value of the property to be returned or voluntarily auctioned, but not exceeding 498,01 euro;

91) for application regarding compulsory execution of obligations in accordance with warning procedure – 2 per cent of the amount of the debt;

10) for applications regarding issuing a writ of execution on the basis of a judgment of a permanent arbitration court or the recognition and execution of an adjudication of a foreign arbitration court – one per cent of the amount of the debt, but not exceeding 284,57 euro;

11) for application regarding renewal of court proceedings and adjudicating of the matter from the beginning in a matter where a default judgment has been rendered – in the same amount as for a statement of claim;

12) for statement of claim for division of joint property – in the same amount as for the statement of claim in accordance with general procedures;

13) for complaints in matters of legal protection proceedings, for complaints in matters of insolvency proceedings in relation to a decision of the meeting of creditors, for complaints in relation to a decision or actions of an administrator of insolvency proceedings (hereinafter – administrator), for complaints regarding decisions of the Insolvency Administration, as well as the performance of the activities specified in Articles 33 and 37 of the Council Regulation (EC) No. 1346/2000 of 29 May 2000 on insolvency proceedings (hereinafter – Council Regulation No. 1346/2000) – 21,34 euro;

14) for complaints in relation to decisions or actions of a bailiff or sworn notary – 21,34 euro;

15) for application regarding corroboration of the immovable property in the name of the acquirer – 71,14 euro.

(4) The State fee for an appeal shall be paid in compliance with the rate to be paid upon submitting a statement of claim (an application in a special adjudication procedure matter), but in regard to disputes of a financial nature – with the rate calculated in compliance with the disputed amount in a first instance court.

(5) When submitting an ancillary complaint regarding a court decision, except the decision by which release from payment of the court costs in the State income is refused, a State fee shall be paid – 28,46 euro.

(6) When submitting a writ of execution or another execution document for execution a State fee shall be paid – 2,85 euro.

(7) When submitting an application regarding the recognition and execution of an adjudication of a foreign court a State fee shall be paid – 28,46 euro.

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