The hotel company "Beppler & Jacobson Montenegro", owner of the hotel "Avala" in Budva, blocked the account of "Casino Avala" in the name of a decade-old debt.
The rent in question is "Casino Avala" for the use of 2.300 square meters of business space on the ground floor of the hotel "Avala" for the casino for the period from October 25 to December 20, 2011.
According to the article, the Commercial Court, in the judgment delivered to the editorial office of "Vijesti", rejected the objection of "Casino Avala" to the decision of the public bailiff Darko Rajković, made at the beginning of September last year, to forcefully collect the debt.
Rajković, referring to the judgment of the Commercial Court from May 2017, issued a decision on enforcement for the collection of a debt of 352.153 euros, in the name of the debt for the use of the casino space for the last two months of 2011.
The same decision was made by Rajković in the name of the same verdict in July 2018, but then "Casino Avala" challenged it until the end of the litigation that had been initiated.
Two companies from Budva have been fighting a decade-long dispute, ever since the contract for the lease of the ground floor of the Avala hotel for a luxury casino was concluded.
At the end of December 2010, the two companies concluded a lease agreement, and the annual rent was 2,3 million euros.
Due to non-payment of obligations, the contract was terminated, and a number of court cases were initiated, some of which are still ongoing, because the courts on several occasions passed verdicts in favor of one party, sometimes the other, and then several court instances canceled them and sent them back for retrial. .
Three and a half years ago, "Beppler & Jacobson" informed the public that the Commercial Court, in two court rulings, which became final, obliged "Casino Avala" to lease them a business space of 2.300 square meters in their hotel "Avala" for a period of From October 25 to December 20, 2011, he paid 352.152, i.e. 13,3 million euros for the period from December 20, 2011 to September 1, 2017.
With interest included, that figure, as announced at the time, would total around 20 million euros.
In 2019, the judgments were overturned by the Commercial Court, and the Appellate Court confirmed them, and the entire procedure was sent back for a retrial, which resulted in the cancellation of all first-instance judgments that were passed in favor of "Beppler&Jacobson".
The commercial court accepted the evidence then submitted by "Casino Avala" that the office space on the ground floor of "Avala", for which he was obliged to pay rent, did not exist as such at the time of the conclusion of the contract, but he built it with his own money and thus acquired it property right on the object.
Namely, "Casino Avala" initiated the procedure of legalization and registration of property rights on the built object - an office building in the private sector, with an area of 889 square meters. "Casino Avala" disputed the surface area of the office space that was determined in the contract, i.e. the disputed 2.300 square meters.
In August of last year, there was a reversal, because the Supreme Court accepted the arguments from the revision of "Beppler & Jacobson", and restored legal force to the annulled judgments, which thus became enforceable again, and "Casino Avala" became obliged to move out of the business premises and pays out 20 million euros.
At that time, "Casino Avala" told "Vijesti" that they were awaiting a new trial. The latest decision of the Commercial Court, which confirmed the forced collection of the debt claim for two months from 2011, paves the way for the hotel company to soon request the forced collection of the remaining 13 million, i.e. a total of 20 million euros with interest.
More court cases are currently underway.
One of them is certainly the annulment of the decision of the Budva cadastre, which registered 889 square meters of business space at "Casino Avala", which the company claims to have built.
Bearing in mind that the account of "Casino Avala" has been blocked based on the judgment and is currently working with a blocked account, it could very easily lead to a review of the concession for performing games of chance.
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