The Supreme Court of Montenegro rejected as unfounded the appeal filed by the Luxembourg-American company Corporacion America Airports (CAAP) against the decision of the Administrative Court of Montenegro from September 2025.
This was announced today by the Supreme Court.
"The Supreme Court of Montenegro has rejected as unfounded the appeal of Corporacion America Airports SA from Luxembourg, filed against the decision of the Administrative Court of Montenegro of September 2025. The Administrative Court previously rejected the plaintiff's request for postponement of the execution of the decision of the Concessions Commission of the Government of Montenegro of September 1, 2025, which accepted the plaintiff's objection to the ranking list of bidders in the concession procedure for the right to use the Podgorica and Tivat airports and returned the case for retrial in order to eliminate the established irregularities," the statement states.
The Supreme Court added that the court confirmed the position of the Administrative Court that the Concessions Commission's decision does not have the status of an executive administrative act, because it does not recognize a right, impose an obligation, or reject a party's request, but rather returns the procedure to the stage before determining the ranking list.
"For this reason, as stated in the judgment, such a decision cannot be subject to a stay of execution within the meaning of the Administrative Dispute Act. This judgment confirms the legality of the actions of the Administrative Court of Montenegro in this specific case, while the concession procedure itself continues in accordance with the decision of the Concessions Commission and applicable regulations," the Supreme Court said.
On September 24, the Administrative Court rejected CAAP's request to postpone the execution of the decision of the Concessions Commission of the Government of Montenegro.
This consortium requested that the state commission's decision be annulled, and the Administrative Court rejected its request as irregular.
In a lawsuit filed with the Administrative Court of Montenegro against the Tender Commission for the Award of Concession, CAAP requested that the actions of the Commission for the Award of Concession for Montenegrin Airports, which, as they believe, changed the scoring criteria under the influence of parties who are not members of the Tender Commission, be declared unlawful. They also requested that the Tender Commission's first evaluation of the technical bids be declared lawful and the only relevant one in this proceeding.
This means that the tender process for granting concessions to Montenegrin airports now continues and that the Tender Commission must act in accordance with the decision of the Concession Commission.
Bonus video:

