The English High Court’s freezing injunction and receivership order remain unenforced in Latvia. Another reference for a preliminary ruling to the Court of Justice of the European Union

16.05.2014.

The English High Court’s freezing injunction and receivership order remain unenforced in Latvia.

The proceedings initiated by Antonio Gramsci Ltd. and others against Mr Aivars Lembergs and others in the High Court in London have resulted in various world-wide instruments. About a year ago the High Court issued a world-wide freezing injunction and a receivership order in support of the freezing injunction. A year later both orders remain unenforced in Latvia. Our main argument is that these instruments concern such persons (and their assets) that are not involved in the proceedings before the English court and their enforcement in Latvia is manifestly contrary to public policy in Latvia.

Despite the objections of our opposing counsel from LAWIN, Sorainen, BLS Kronbergs & Čukste, the Supreme Court have decided to refer the matter to the Court of Justice of the European Union for a preliminary ruling concerning the enforcement of the freezing injunction whilst the enforcement proceedings of the receivership order will remain stayed pending a discharge application in the High Court in London.

It is hoped that the ruling of the Court of Justice of the European Union will render unenforceable in the European Union such freezing injunctions and receivership orders that affect such persons (and their assets) that are not involved in the proceedings before the English court.