LAWIN has successfully represented E.ON Ruhrgas in litigation against the Register of Enterprises of the Republic of Latvia

The LAWIN Riga team has successfully represented the German gas company E.ON Ruhrgas by obtaining a favorable outcomeagainst the Register of Enterprises of the Republic of Latvia .in a landmark case.

The Department of Administrative Cases of the Senate of the Supreme Court of the Republic of Latvia,  by an extended panel ruled to dismiss  the cassation complaint of the Register of Enterprises, SIA Itera Latvija and AS Latvijas gāze about the judgment of the Administrative Regional Court dated 9 June 2010.

The Senate of the Supreme Court acknowledged that the Register of Enterprises had to verify whether a decision made by the shareholders’ meeting complies with the requirements of the law and the articles of association. Upon establishing that contradictory to the procedures established by the articles of association and the law, the scope of rights of a shareholder has changed by the decision of the shareholder meeting (regardless of the extension of such changes), the Register of Enterprises had an obligation to refuse registration of such amendments to the articles of association. This case is a crucial landmark in interpreting the norms of law that are likely to affect adjudication of other similar matters.

LAWIN partner Ilga Gudrenika-Krebs lead the case, while Senior Associate Mārtiņš Mežinskis joined the proceedings in the cassation stage.