The Tivat-based company "Manor Hotels", which owns the "Casa Manor" hotel, has filed an objection with the second-instance commission of the Public Company for Coastal Zone Management, demanding that the decision to transfer the hotel's swimming area on Seljanova to the Podgorica-based company "General Invest" be annulled, stating that it is illegal and that the valuation procedure should be carried out again.
"The decision to select the most favorable bidder is based on incorrect facts and incorrect application of substantive law. We propose that the second-instance body annul/revoke the decision and return the case to the first-instance body for a new decision. This is a legitimate expectation, considering the overall factual and legal situation of our case. All with the aim of ensuring that a lawful and correct decision is made in the retrial," the complaint, which "Vijesti" had access to, states.
For the lease of the 71-meter-long hotel swimming pool in Seljanovo, where it is allowed to install an open bar of 20 square meters with a 100-meter terrace and whose initial minimum seasonal rental price was 7.365 euros, offers were received from two companies, "Manor Hotels" and the Podgorica company "General Invest", the owner of the "Porto Palace" hotel.
The right to participate in the public invitation, as announced by the Coastal Zone, was for owners or tenants of high-category 4 or 5-star hotels located in the first strip along the beach. If there are no bidders with such hotels, as stated, the right to participate was for owners of high-category hotels located on a cadastral plot whose most prominent point of the lower edge cannot be more than 250 meters as the crow flies from the upper edge of the beach.
The first-instance commission concluded that the offer of the Tivat-based company "Manor Hotels" was formally unprivatable, that the "Casa Manor" hotel was located in the hinterland of the beach, but not in the first strip next to the beach, which, as determined, did not meet the condition from the public invitation, which is why the offer was not evaluated. The tender commission ranked the offer of "General Invest" first, noting that their hotel "Porto Palace" was located in the first strip next to the beach, after which the points were scored based on the offered price and references.
"Manor Hotels" claims that the hotel of the "General Invest" company is located 250 meters from the beach, which is why they are demanding the decision be annulled.
"The most prominent point (relative to the sea) of the lower edge of cadastral plot 120, on which the 'Casa Manor' hotel is located, is no more than 250 meters from the most prominent point of the upper edge of the beach, more precisely, it is 72,92 meters away as the crow flies. The most prominent point (relative to the sea) of the lower edge of cadastral plot 553, on which the 'Porto Palace' hotel is located, is more than 250 meters from the most prominent point of the upper edge of the beach, more precisely, it is 271,23 meters away as the crow flies," states the notice from the 'Manor hotels' company that was submitted to the tender commission.
According to the presented facts and the cited regulation, as they point out, it is indisputable that the bidder "Manor Hotels" has the right to participate in the public invitation, while "General Invest" does not have that right.
"It is clear that the first-instance body, the tender commission of JP Morsko dobro, did not pay attention to the reasons for the notification submitted by 'Manor hotels', which resulted in the facts not being properly and completely established, and consequently, the substantive law not being properly applied. Otherwise, if the tender commission had taken into account the facts from the notification, it would not have made the decision it made. On the contrary, it would have made a decision that would have selected the offer of 'Manor hotels' as the most favorable. Therefore, in our case, there was no factual basis to apply the provisions of the public invitation because neither 'General invest' nor 'Manor hotels' have a hotel located in the first strip next to the beach," the complaint by "Manor hotels" states.
Bonus video:
