The Constitutional Court of Montenegro overturned the verdict of the Supreme Court on the annulment of the Scholarship Agreement between football representative Stefan Savić and the company Fab Live, owned by businessmen Jovan and Vid Popović.
An earlier judgment of the Supreme Court changed the judgments of the Basic and High Courts and a decision was made to cancel the Scholarship Agreement. The disputed decision was made on February 6, 2013 by the panel of the Supreme Court presided over by judge Gavrilo Čabarkapa, while the members of the panel were Vesna Begović, Dušanka Radović, Dragica Milačić and Radoje Orović, who was the reporter in this case.
The representative of the Fab Live company, Nela Anđušić, expects that the panel of the Supreme Court, in its second composition, will have to review the previous decision and will not allow a new hearing based on the evidence that was only submitted in the audit, because new evidence cannot be submitted with the audit.
"From the beginning, this company is sure that it is right, and what the Constitutional Court has confirmed, in the fight against illegal and unconstitutional decisions and shows that justice can be achieved regardless of the slow procedures and personal interests of individual judges," Andušić said to "Vijesta".
She noted that the contested verdict of the Supreme Court was passed, "within a record time of 12 days, unprecedented in Montenegrin judicial practice".
The Supreme Court accepted the request for review of the court proceedings, changed the verdicts of the High and Basic Court in Podgorica against Savić and determined that the Scholarship Agreement signed with the Podgorica company Fab Live on May 19, 2008 is null and void. That court referred to the old rules of the former Football of the Union of Serbia and Montenegro and released Savić from paying obligations under the contract he has had with Fab Live for years.
According to the verdict that "Vijesti" had access to, the Constitutional Court accepted Fab Live's appeal and determined that the Supreme Court made a number of irregularities and omissions when deciding.
"In the specific case, and as stated in the explanation of the decision of the Constitutional Court, the challenged judgment of the Supreme Court, which changed the decisions of the lower courts to the detriment of Fab Live, is based solely on the provisions of the refined text of the Rulebook on the status of players, which does not contain a legal basis for the regulation about the status of the players", Anđušić emphasized.
This Ordinance, for which neither the authority that adopted it, nor the stamp or signature of the competent authority, "and which mysteriously appeared in the case files after revision, served the Supreme Court as a basis for decision even though it was not enforced before the lower courts".
Anđušić stated that Fab Live was not even given the opportunity to testify against him during the proceedings.
The Constitutional Court assessed the decision of the Supreme Court as unclear, incomprehensible and unreasoned from the perspective of the European Court of Human Rights and its case law, which it refers to in its decision.
Savić to pay 20 percent of the transfer
In article five of the Scholarship Agreement, it is stated that Fab Live, as the grantor of the scholarship, is entitled to 20 percent of the income that the scholarship holder earns by moving from one club to another and the income that he earns by providing marketing services to any company or for any product, for the entire time he is actively playing football. .
The Supreme Court found in the contested verdict, however, that the conclusion of the lower courts was "unacceptable and based on the incorrect application of substantive law".
Fab Live has been burdening Savić for more than four years, because he did not pay them the expected percentage of the income generated by the transfer from the club BSK from Borča to FK Partizan in 2010.
In the past five years, Savić has changed several clubs and made multi-million dollar transfers. He played in Manchester City in England, then he was a football player of the Italian Fiorentina, while today he is a member of the Spanish Athletic from Madrid.
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