The Appellate Court overturned the fourth judgment of the Commercial Court in the dispute over the claim of the Slovenian company Madras Co against Trebjesa from Nikšić, from which it has not been able to collect 13 thousand euros for more than 158,35 years. This means that the Commercial Court will soon discuss and decide this litigation for the fifth time.
The last first-instance verdict annulled by the Appellate Court was delivered by judge Borjanka Zogović, who rejected the plaintiff's request to pay him 158,35 thousand with statutory default interest and costs of the procedure.
In the judgment of the Appellate Court, it is stated that the court of first instance did not properly appreciate the fact that at the time of termination of business cooperation with the defendant, there was a strike from May 20, 2002 and that during 2002 he was "in permanent arrears with the defendant until the end of business cooperation in May 2002". It is emphasized that the first-instance court did not act according to the orders from the annulment decision of the Supreme Court of April 4, 2012, because it did not properly appreciate the reason for the unilateral termination of business cooperation.
Madras Co and Trebjesa had a contract for the purchase and sale of "Nikšić beer" for the year 2002. The Slovenian company had the exclusive right to import that beer to the Slovenian market. At the beginning of the strike in Trebjesa in 2002, the production and delivery of beer to the customer stopped, as a result of which the main distributor, based on previously concluded contracts with end customers, had adverse consequences. The lawsuit seeks lost profits.
The plaintiff originally sought compensation for damages due to injury to business reputation, but such a possibility for a lawsuit was opened in Montenegro, only subsequently by the Law on Obligations from 2008. The former judge of the Commercial Court, Nikola Tomić, rendered two verdicts in favor of the plaintiff more than a decade ago, but they were abolished. Judge Nataša Bošković ruled in favor of "Trebjesa" and it was confirmed by the Court of Appeal.
That verdict was annulled by the Supreme Court in April 2012
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