"Montegro Airlines" and "To Montenegro" are trying to reach an agreement

At the preliminary hearing in the Commercial Court regarding the litigation in which "Montenegro Airlines" (MA) in bankruptcy is demanding payment of 25,5 thousand euros from the state airline "To Montenegro" based on invoices from 2021, the dispute was postponed today until the end of October as the two companies would try to reach an agreement.

In November 2021, the public executor Vladimir Vujotić, due to the dispute between these two airlines based on the use of the vehicles and materials of "Montenegro Airlines" from June and July of that year, issued a decision on execution according to which the company "To Montenegro" needs MA to pay claims of 25.533 euros. The state airline filed an objection to this enforcement, which was accepted by the Commercial Court, so according to the decision of the Council of that court, the proposal for enforcement can be considered a lawsuit.

What does the complaint say?

The lawyer of the company "To Montenegro" (debtor) in his objection to the enforcement decision of Vujotić and the claim of 25,5 thousand euros, asked the court to accept the objection and oblige "Montenegro Airlines" (the creditor) to compensate them for the costs of drawing up that document, with increase for VAT.

"The executive creditor, along with the proposal for enforcement, did not submit any proof that he provided the services specified in the invoices to the executive debtor, and on what basis the said services were performed," the complaint reads.

In addition, it is stated that MA did not submit a contract or any other evidence that would indicate a business relationship between these two companies and that would be the basis for a claim, and that there are ambiguities in the invoices and that they are contradictory to the factual situation. Additionally, it is emphasized that the invoices that "Montenegro Airlines" attached are not originals, but copies.

In the complaint of the state airline, it is pointed out that in the invoice from June 29, as services, "the use of a car in the sterile zone of Podgorica airport in the period from 08.02. to 28.04.2021" is listed, but also that "To Montenegro" until April 6 was not owned airplanes, so he could not use these services.

"The disputed invoices did not indicate the type and scope of the obligation, but only listed the price list for the vehicles until it was stated when the debtor allegedly used the services, in what scope and how the creditor arrived at the amount of 11,06 thousand, i.e. 4,62 thousand euros all of which points to the illegality of the contested decision," the complaint states.

In addition, it is also written that the invoice dated June 30, 2021 states the services, use of parts and materials from the warehouse in the hangar in Podgorica for January of that year, although "To Montenegro" emphasizes that this company did not exist then. In their complaint, they emphasized that they were founded on February 8, 2021, so they could not provide services for the use of parts and materials from the warehouse in the hangar at Podgorica airport in January, given that they were not registered in the Central Register of Business Entities at that time.

Additionally, they claim to have submitted evidence that the materials in the hangar in January 2021 were used, ordered and borrowed by "Montenegro Airlines".

They consider the objection unfounded

In response to the complaint, the company "Montenegro Airlines" stated that it was unfounded, according to the decision of the Council of the Commercial Court. They also explained that the public bailiff "To Montenegro" delivered the copies, noting that their authenticity can be verified if necessary.

According to the same document, the MA explained that the debt arose because "To Montenegro" used their material and human assets, and they proposed that the Council reject the objection of the state airline.

"According to the Council's assessment, the debtor has made the allegations from the complaint, which refutes the decision as a whole, and disputes the basis and amount of the request, as well as the type and scope of the services provided, so the complaint was accepted and the decision on the execution of Vladimir Vujotić was invalidated, and the proposal for execution shall be considered as a lawsuit", reads the decision of the Council of the Commercial Court.