The company "Atlant mont", which was rejected by the Administrative Court for the annulment of the decision to confiscate cigarettes in the free zone of the Port of Bar, plans to request a review of that judgment before the Supreme Court, but also to start proceedings for compensation of damages before the commercial court.
This was officially announced to "Vijesta" by the lawyer of that company Nikola Strugar.
"As the representative of "Atlant monta", I was delivered the judgment of the Administrative Court rejecting the lawsuit for annulment of the decision to confiscate cigarettes. In this way, the Administrative Court says that the procedure was carried out legally, however, it ignores numerous decisive facts, as well as the basic essence of property, which is reflected in the well-known principle "if you say something about something, it's mine, that's the most you can say", trying to cancel this basic principle that has lasted for thousands of years with the establishment of some new practice, which will be subject to review before the Supreme Court", said Strugar.
He pointed out that this confiscation of things is unheard of and reminds of the confiscation that was done in 1945, when judgments were made "in the name of the people - he is guilty and all property is confiscated", and the state is still paying tribute for such illegal behavior.
"Here too, the state will have to pay compensation to cigarette owners because their legal cigarettes were taken away, and the Constitution and the law are clear, every confiscation of someone else's property means payment of compensation for the same. In the end, this is only part of our legal battle, because the decision on the extraordinary legal remedy before the Supreme Court, as well as the procedure for compensation before the Commercial Court, and, if necessary, all further instances to the European Court of Human Rights in Strasbourg are pending," he said. Turner.
Last year, the government seized about 165.612 packs of cigarettes in the free zone of the Port of Bar, worth about 122 million euros (according to the recorded customs debt), and according to estimates on the black market, their value is over 60 million euros.
Decisions on banning the storage of tobacco in the Port of Bar were made by the Government in June and December 2021, and the deadline for cigarette owners to move them from the warehouse in the Port was extended. After those deadlines expired, the UPC ordered the Customs Bar to confiscate the tobacco products in stock. That Government decision was made with reference to Article 5 of the Law on Free Zones, which states that "in the zone and warehouse, economic activities that do not pose a risk to human health and/or the environment, material goods and state security can be carried out, in accordance with the law".
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