🇱🇻 Latvia

1. The status of digitalisation in enforcement of the judgments under the regulation in

question (a) under EOP Regulation, and (b) under EEO Regulation

Documents to the court can be submitted via https://elieta.lv/web/ portal. However, at present in Latvia, enforcement under the EOP Regulation and EEO Regulation cannot be initiated electronically. However, Latvian Civil Procedure Code provides possibility of organising electronic auctions.139

Procedural aspects

2. Competent court or authority and procedure involved in the enforcement (a) under EOP

Regulation, and (b) under EEO Regulation

In Latvia, it is court bailiffs that deal with enforcement of court judgements. Certified bailiffs perform their duties within the territorial jurisdiction of the regional court to which they are affiliated. A bailiff must accept for enforcement the enforcement document if the place of residence of the debtor (for legal persons - legal address), location of his or her property or workplace is located within the specified borders (district) of the official appointment location of the bailiff. A bailiff may also accept other enforcement documents, which are to be enforced within the operational territory of the regional court to which the bailiff is attached. An order of payment issued by a court including a foreign court under Article 18 of the EOP Regulation and an European Enforcement Order issued by a foreign court or competent authority under EEO Regulation is considered to be an enforcement document. The Law on Bailiffs and Regulation No 202 "Regulation regarding the record-keeping of sworn bailiffs" adopted by the Cabinet of Ministers on 14 March 2006 govern the general issues related to the activity and record-keeping of sworn bailiffs. To initiate enforcement of a ruling, the enforcement document must be submitted to a court bailiff together with a letter of application.134 It is considered that the list of documents that are to be provided alongside with the application for enforcement are exhaustive (Art. 21 of the EOP Regulation and Art. 20 of the EEO Regulation) and thus the bailiffs should not demand excessive documents. Translation of a certificate in the state language of the Member State shall be submitted in case of necessity: since Latvia has specified only Latvian as an acceptable language, the translation into Latvian shall be submitted.

3. rules on service

As regards the service of documents in enforcement under the EOP Regulation or EEO Regulation, no special rules apply. General rules are set in Civil Procedure Code. A bailiff, when about to commence enforcement, shall notify the debtor by sending or issuing a notification regarding an obligation to enforce the ruling within 10 days. If the ruling is to be enforced without a delay, the time period for voluntary enforcement of not less than three days shall be set. If the debtor is a natural person, the bailiff shall send the notification to the debtor by registered mail to his or her last known place of residence or issue it to the debtor in person for which the debtor shall sign. If the bailiff does not meet the debtor at their place of residence, the bailiff shall give the notification to an adult family member residing with the debtor. If the place of residence of the debtor - a natural person - is not known, the notification of an obligation to enforce the ruling shall be published in the official gazette Latvijas Vestnesis. If the debtor is a legal person, the bailiff shall send the notification by registered mail to the legal address or issue it in person to a representative of the executive body of the debtor for which he or she shall sign. If the debtor or a representative of the executive body of the debtor refuses to accept or sign the notification, the bailiff or the server of the proposal shall draw up a statement in respect of that in the presence of two invited persons. Refusal to accept or sign the notification shall not constitute a bar for the enforcement of the ruling. Enforcement of judgment expenses shall include the State fee and expenses related to the enforcement of court judgments: remuneration for the bailiff according to the tariff and expenses required for the performance of enforcement activities, including, but not limited to expenses associated with the delivery and issue of summonses and other documents. A creditor, when submitting an enforcement document for enforcement, shall pay the State fee and cover other enforcement of judgment expenses to the extent required for commencement of the enforcement in the manner indicated by the creditor. During enforcement of the judgment the creditor according to bailiff's instructions shall pay the additionally required enforcement of judgment expenses. In the cases specified in law during enforcement of the judgment the enforcement of judgment expenses for separate procedural actions shall be paid by the debtor. Instances where creditors shall be exempt from payment of enforcement of judgment expenses to the bailiff are listed in the Civil Procedure Code. In cases where a creditor is exempted from payment of enforcement of judgment expenses, a compensation shall be disbursed to a sworn bailiff from the funds of the State budget for covering of the expenses related to the performance of enforcement activities

4. Language of the certificate and documents to be appended

In Latvia, the official language is Latvian. Consequently, for the enforcement of judgments under the EOP and EEO translations to Latvian have to be provided, unless the original order is already in one of these languages (Art. 21(2)(b) of EOP Regulation, Art. 20(2)(c) of EEO Regulation).

5. enforcement fees

For the submission of an enforceable document for enforcement, its submitter shall pay a state fee to the state budget. For each official activity (listed in Sections 73 and 74 of the Law on Bailiffs) performed by a sworn bailiff, as well as for the legal assistance provided (Section 75 of the Law on Bailiffs), he has the right to receive compensation regardless of the state fee. The amount of compensation for the activities of a sworn bailiff is determined according to the fee. Agreement on the amount of compensation for the activities of the office, which is different from the fee, is prohibited. The compensation for the position of sworn bailiffs is subject to value added tax in the amount specified in the Law on Value Added Tax. Fees for the office of sworn bailiffs shall be determined by the Cabinet of Ministers according to the proposal of the Ministry of Justice, which has been coordinated with the Council of Latvian Bailiffs. The amount of the remuneration tax for the position of sworn bailiffs is determined according to the amount of work invested and proportionate to the amount of the debt to be recovered, as well as taking into account the responsibility, independence requirements and restrictions arising from the position specified in the regulatory acts for the position of sworn bailiff. The state fee, the remuneration of the sworn bailiff and the expenses related to the activity of the sworn bailiff shall be paid by the submitter of the enforcement document or another interested person. The remuneration of fees is determined in the Regulations on Fees for the Office of Sworn Bailiffs and is composed of several parts, including a fix amount depending of the recoverable sum, compensation for necessary expenses and a fixed percentage of the amount that was recovered. Where a translation is required into Latvian, fees depend on the length and complexity of the documents.

6. Refusal, stay, or limitation of the enforcement procedure under the regulation in question in

the intended Member State (a) under EOP Regulation, and (b) under EEO Regulation

For both the European Order for Payment (EOP) and the European Enforcement Order (EEO), applications for refusal, stay, or limitation of enforcement are handled by the district (city) court in the area where the foreign decision is to be enforced. The procedure is governed by the Law on Civil Procedure. Court Powers and Procedure When examining applications under Article 23 EOP or Article 23 EEO, the court may:

• replace enforcement with interim measures to secure enforcement,
• modify the manner or procedure of enforcement, or
• suspend enforcement.

Applications under Article 21 EOP or Article 22 EEO are also examined by the court. All applications are considered at a court hearing, with prior notification of the parties. The absence of the parties does not prevent the court from deciding the case. Court decisions may be challenged by an ancillary complaint. Formal Requirements The application must include detailed information on the parties, the request, and its legal basis, and must be signed by the applicant or their representative. Where a representative acts, a power of attorney must be attached. Applications that are unsigned or lack proper authorisation are rejected. Mandatory attachments include:

• a certified copy of the foreign court decision,
• where applicable, the European Enforcement Order,
• supporting documents, and
• a certified translation into the official language.

The law also specifies circumstances in which applications may be refused or not proceeded with.

7. Availability of any legal aid for guidance on the enforcement procedures under the regulation in

question in the intended Member State (a) under EOP Regulation, and (b) under EEO Regulation

Latvian Legal Aid Administration provides information that in order to improve access to justice in cross-border disputes by establishing minimum common rules relating to legal aid for such disputes, the persons shall be entitled to request state legal aid in cross-border disputes in civil matters. However, it is unclear whether this type of legal aid extends to the enforcement proceedings.

8. Critical assessment of the enforcement procedures under the regulation in question in the

intended Member State (a) under EOP Regulation, and (b) under EEO Regulation

The enforcement procedures under EOP Regulation and EEO Regulation in Latvia align with EU frameworks, but could benefit from some improvements. Enhancing digitalization by creating online platforms for submitting and managing inter alia EOP and EEO cases and enforcement cases would increase efficiency and accessibility. However, more precise and up-to-date information on enforcing EOPs and EEOs in Latvia is necessary. The EU Justice Portal lacks clear, translated, and user-friendly guidance on these procedures, which creates challenges, especially for non-Latvian residents unfamiliar with Latvian legislative sources. National enforcement rules apply generally to all judgments, making it difficult for external users to navigate EOP and EEO enforcement procedures specifically. Enforcement proceedings could benefit if more information about submitting and managing enforcement case were provided online in English/other languages than Latvian. Improved accessibility and clarity of procedural information are critical for effective cross-border justice. The enforcement proceedings could be more automated and could use the benefits IT tools provide nowadays.