We have been advising and representing JYSK – the largest Danish retailer operating internationally –– before Latvia’s constitutional court and the Competition Council, as well as the Ministry of Economics.
The subject matter
The subject matter related to government-imposed restrictions on commerce at so-called “big shopping centres” that have at least 7,000 m2 of commercial space and at least 5 (five) different merchants.
While conceptually agreeing with the necessity to limit any gatherings within closed spaces, including shopping centres, the client argued that the approach taken by the government was disproportionate and that less severe alternatives existed. Specifically, JYSK stated that the restrictions distorted competition in the market in question and led to unequal treatment between objectively comparable undertakings (merchants).
After submitting the constitutional complaint, while awaiting the Constitutional Court’s initial decision on the acceptance of the case, JYSK continued an active dialogue with the relevant governmental authorities, and this has resulted in the client’s desired result – the authorisation of commerce at the “big shopping centres” under the alternative measures we proposed.
Our team’s involvement
The client is still pursuing the constitutional complaint submitted with the aim of ensuring greater protection of its subjective rights, as well as in hope of continuing the positive development of the Latvian legal system and constitutional justice.
Our team consists of partners Ieva Andersone and Andris Tauriņš; senior associates Alisa Leškoviča, Marika Grunte and Viktorija Smirnova-Čerkasa; and associates Viktorija Soņeca, Anna Bogdanova and Linards Ābelīte.
