The Spanish demand 2,7 million from Budva, because it did not buy the plane

A new multimillion-dollar lawsuit has arrived at the Commercial Court against the Municipality of Budva, which, as it is claimed, did not take on the contractual obligations and two years ago bought from the Spanish company Air Tractor Europe SL from Valencia an AT-802A "Fire-Boss" fire-fighting aircraft together with accompanying equipment and training costs for a total of 2,7 million euros.

The government bought one, the Municipality of Podgorica the other, while the metropolis of tourism, due to the lack of money and the economic crisis that had already occurred, never paid for its unsuspecting plane, nor did the plane arrive in Montenegro.

Some time before that, Montenegro, especially the coastal area, was hit by fierce fires, after which they started buying three firefighting planes. The government bought one, the Municipality of Podgorica another, while the metropolis of tourism, due to the lack of money and the already created economic crisis, never paid for its unsuspecting plane, nor did the plane arrive in Montenegro.

Payment in two installments

According to the allegations in the lawsuit, Article 4.1. The contract stipulated that the Municipality of Budva would make an advance payment of 2,7 million in two installments.

The first advance payment in the amount of EUR 540.000 was to be made no later than January 15, 2009, and for that amount the seller undertook to provide a bank guarantee. The buyer had to make the second advance payment in the amount of 2,16 million euros no later than March 10, 2009.

Article 5.1. The contract stipulates that the plane will be delivered on March 15, 2009, and Article 5.2 states that the plane will be delivered in accordance with the CIP clause in Montenegro (Incoterms 2000).

"The Municipality of Budva irrevocably assumes the obligation, in accordance with the Public Procurement Agreement, which refers to the procurement and delivery of one fire-fighting aircraft AT-802A "Fire-Boss", accompanying equipment and training, for the needs of the Municipality of Budva, signed with Air Tractor Europe-Valencia, Spain, in the amount of 2,7 million euros to pay the assumed obligations on time, in accordance with the established dynamics," states the written statement of the Municipality of Budva signed on December 23, 2008 by its mayor Rajko Kuljača, who has been in custody for more than a month because of the Zavala affair.

Despite warnings, they did not comply with their obligations

Even after several reminders for the performance of contractual obligations in the period from May 2009 to January 2010, Budva, according to the allegations in the lawsuit, "did not fulfill the obligation to pay the purchase price in advance".

"On January 9, the prosecutor sent the defendant the last warning before the lawsuit, calling him once again to fulfill the contractual obligations. As the plaintiff ignored this call, the plaintiff was forced to seek legal protection of his rights, that is, the performance of the contractual obligation by the defendant," according to the Spanish company's lawsuit.

The prosecutor refers to Article 269 (paragraph 2) of the Law on Obligations of Montenegro, which stipulates that when the debtor fails to fulfill the obligation or is late with its fulfillment, the creditor has the right to demand compensation for the damage he suffered as a result.

Rađenović out of range

In the lawsuit, the Spaniards calculated the damage they suffered due to non-fulfillment of contractual obligations, which relate to the obligation to pay local tax on property for which they did not transfer ownership, bank guarantee costs, lost interest due to the deposited deposit (security), travel expenses to Montenegro, etc.

That is why the company from Valencia is demanding from Budva the payment of the agreed amount of 2,7 million euros, as well as the payment of all default interest and costs that it incurred.

Yesterday, "Vijesti" tried several times to get in touch with the vice-president of the Municipality of Budva, Lazar Rađenović, whose phone, available to the newsroom, was switched off.

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