The High Court will decide whether the dispute they initiated against the state over the seizure of semi-precious stones - opals Robert Fanjek i Antonij Vernon Strelensky, the competent Basic Court in Kotor or Podgorica. In mid-October, the Kotor court declared itself incompetent in the case of the seizure of 28 kilograms of opal from two South African citizens, after which they filed an appeal with the Higher Court.
In 2012, the state confiscated 33 kilograms of opal from Fanjek and Strelenski for a customs violation - importing it into Montenegro without customs clearance. They claim in their lawsuit that the stones were worth 300 million euros at the time, and in addition to their return, they are also seeking compensation for their damage, the disappearance of five kilograms, as only 28 kilograms are now in the vault of the Central Bank (CBCG), as well as lost profits for the past period and default interest. According to their lawyers, this dispute could cost the state budget three billion euros.
In its response to the lawsuit, the Protector of Property and Legal Interests of Montenegro disputed all claims on the basis and amount and filed an objection to the statute of limitations on the claims and the jurisdiction of the Kotor court. Judge of the Basic Court in Kotor Bojana Šumar In the explanation of the decision to transfer the dispute to the Podgorica court, which "Vijesti" had access to, it stated that Franjek and Strelenski did not have a permanent residence or residence in Montenegro when they filed the lawsuit, so jurisdiction is determined by the place where the damage occurred - the Treasury of the Central Bank of Montenegro, which is located in Podgorica.
Lawyers Fanjek and Strelenski, Dragan Prelevic i Savo Jasnic filed an appeal against this decision at the end of November, claiming that Fanjek has citizenship of Croatia and Montenegro, and that at the time of filing the lawsuit, he had registered his residence in Bečići. They pointed out that the Law on Registers of Permanent Residence and Temporary Residence stipulates that temporary residence is the place and address where a citizen temporarily resides, so the Basic Court in Kotor did not correctly apply the substantive law.
Therefore, they proposed that the Higher Court in Podgorica accept the appeal and determine that the Basic Court in Kotor has jurisdiction.
As "Vijesti" previously wrote, measurements determined that the opal pieces weigh 28 kilograms and 172 grams, that the largest weighs 4,4 kilograms, and that the collection also includes 14 semi-finished figurines in the shape of animals, which weigh slightly more than a kilogram.
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