The client is damaged, but the claim is time-barred

Judge of the Podgorica Basic Court Arsenius Gatolin is in the judgment of the suit brought by the seaman Pavle Božović initiated against the Crnogorska commercial bank (CKB), whose client, due to the fact that 13.812 euros disappeared from his foreign currency account, stated in the judgment that the bank paid out the money without authorization and damaged the client, but the judgment was not brought in favor of Božović, but in favor of the bank.

The justification for that court decision is that it is a question of statute of limitations.

Money from Božović's foreign currency account was paid out without authorization in the period from January 9, 2013 to July 13, 2013, and he filed a lawsuit against CKB Bank on May 15, 5.

Božović told "Vijesti" the details of this case and announced an appeal to the High Court due to this verdict, while CKB Bank did not want to comment with the explanation that the proceedings had not been legally concluded.

"I had a current and foreign currency account open in the bank. For the current account, I gave another person authorization to withdraw money, but for the foreign currency account, I did not, which I also attached as court evidence. When I asked the bank for an explanation of how it was possible to withdraw money from an account for which no one had authorization, they did not have an answer to that question. My foreign employer paid my salary to a foreign currency account. I filed the lawsuit only after several years, because until then, due to the nature of my work, I did not stay in Montenegro for even two months a year," said Božović, who provided "Vijesta" with documentation regarding this case.

In the verdict, Judge Gatolin stated that Božović submitted evidence confirming that during the period when the money was paid he was not in Montenegro and that the court expert who was involved in the court proceedings based on the analytical cards provided by the bank established that in the disputed period, Božović did not authorize anyone to use money from the foreign currency account.

"The court concludes that in the period from January 9, 2013 to July 13, 2013, the bank paid out money from the foreign currency account without authorization, which undoubtedly caused material damage of 13.812 euros to the plaintiff," the verdict reads.

CKB Bank contested the merits of this claim and, referring to Article 385 of the Law on Obligations (ZOO), raised the objection of statute of limitations, while Božović, writes in the judgment, pointed out that the objection of statute of limitations cannot be valid. This is due to the fact that it is not a question of compensation for damage, but of the return of things, that is, of money, and that the bank is obliged at all times to return the money in accordance with Article 1138 and 1141 of the ZOO.

The judge did not accept Božović's argument, but the bank's argument that the claim was time-barred, so he ruled in its favor.

"As the court considers that the plaintiff (Božović) suffered material damage, and that the defendant (CKB) raised an objection regarding the statute of limitations during the proceedings, the court finds that this objection is founded. Namely, Article 385 of the ZOO stipulates that the claim for damages expires three years after the injured party became aware of the damage and the person who committed the damage, and that the claim in this case expires five years from the day the damage occurred. The very fact that the plaintiff found out about the damage by his own admission at the end of July 2013, and that the lawsuit was filed on June 15, 2020, undoubtedly leads to the conclusion that in this particular case, not only the subjective, but also the objective statute of limitations of the claim in question, which the plaintiff cannot achieve through court protection", the judgment reads.

Božović said that he will seek justice in the court in Strasbourg.

The CKB will not comment until the procedure is final

CKB Bank told "Vijesta" that the court proceedings in question have not yet been legally concluded, and that the bank adheres to the practice of not commenting on ongoing disputes, as well as decisions made by competent institutions.

"The court will appreciate all the relevant facts and each party in the proceedings is obliged to respect the final decision of the court", said CKB Bank.

Article 1141 of the Law on Obligations stipulates that cash deposits can be on demand or term deposits, with and without a notice period, with a special purpose and without a purpose.

"Unless otherwise agreed, the account is considered to be a cash deposit on demand, and the depositor of the account has the right to dispose of part or the entire amount at any time. Therefore, all funds that the client has in the transaction account, for national and international payment transactions, are considered a demand deposit", said the bank.