On 28 October 2015 the Latvian Supreme Court refused recognition and enforcement of provisional measures against Riga International Airport and airBaltic. The measures were ordered in a case pending before a Lithuanian court, in which the now bankrupt airline flyLAL claims damages from the two respondents due to alleged infringements of competition law. The Lithuanian court had ruled that respondents’ property should be “arrested” up to a value of 58 million EUR.
The Latvian Supreme Court decision is final.
Refusal of recognition and enforcement is based, inter alia, on incompatibility of the Lithuanian decision with “public policy” within the meaning of Regulation 44/2001, and on national security interest insofar as the infrastructure of Riga International Airport is concerned.
COBALT’s senior associates Sandija Novicka and Ugis Zeltins represented Riga International Airport before the Supreme Court and in the related “preliminary ruling” case before the European Court of Justice.