The hearing on the lawsuit filed by the Slovenian company "Madras Co" against "Trebjesa" from Nikšić, from which they have been demanding and unable to collect 13 thousand euros for more than 150 years, was postponed to November 18 because the office of Commercial Court judge Borjanka Zogović was too small to accommodate approx. 20 interested parties who wanted to attend the litigation.
The court did not timely comply with the request of the lawyer of the prosecutor, Borislav Radović, to provide a larger hall due to the interest of the public and citizens, so Zogović postponed the hearing. The prosecutor asked the acting judge and president of the Commercial Court, Blaž Jovanić, for a public trial.
The prosecutor asked the acting judge and president of the Commercial Court, Blaž Jovanić, for a public trial
Madras and Trebjesa had a contract for the purchase and sale of "Nikšić beer" for the year 2002. The Slovenian company, whose authorized representative in Montenegro today is Miomir Moračanin, had the exclusive right to import "Nikšić 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. This lawsuit seeks lost profits, which were not realized due to the termination of the contract. The plaintiff originally sought compensation for damages due to the 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, first issued two judgments in favor of the plaintiff, but they were eventually overturned. The second 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 and everything went back to the beginning with an order to determine the fault for the termination of the contract, and depending on that, the lost profit. After the prosecutor's control request, the case was removed from Bošković's work and handed over to judge Dragica Vujanović, who retired at the end of last year. Later, this case was taken over by Zogović. The prosecutor requested her exemption, but the request was rejected by the president of the Commercial Court as unfounded. In the meantime, the President of the Supreme Court, the Prime Minister, the Minister of Justice, the President of the Commercial Court and the EU Delegation in Podgorica were informed about the litigation.
The expert confirmed the allegations of the prosecutor
Economic and financial court expert Hamid Šabović, according to lawyer Radović, confirmed the prosecutor's allegations that the defendant is guilty of terminating the contract from 2002.
"According to legal logic and procedure, it remains for the acting judge to adopt the order of the prosecutor to determine the lost benefit in accordance with the order of the Supreme Court. In the case, there is a finding and opinion of the previously hired economic and financial expert, Milenko Popović, to which both parties objected," stated Radović.
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