The commercial court rejected the proposal of the company "Adriatic properties" of the Greek businessman Petros Statis to determine a temporary measure that would prohibit the undertaking of actions that may cause damage to the tenant of the elite hotel complex "Sveti Stefan Miločer".
In March of last year, the same court issued a temporary measure at the request of "Adriatic propeties", which prohibited the removal of fences that served as protection of privacy and exclusivity for guests, as well as "encouraging third parties to undertake acts of violence and vandalism on the property", which was in the tenant's possession.
That temporary measure, which provided for the ban to last until the final conclusion of the arbitration proceedings initiated by "Adriatic Properties" before the contracted arbitration in London LCIA, was disputed by the representatives of the Hotel Group and the state, stating that the promenade along the beach through this complex, the approach to the island of Sveti Stefan and the road to the complex, were not part of the lease, that they represent public areas and that the lessee had no right to erect fences on them.
They also stated that the court did not state legal reasons in the explanation why the temporary measure would last until the end of the arbitration proceedings.
"Adriatic Properties", in response to the complaint, stated that the same lease regime was valid for ten years and that it was terminated by the violent removal of the fence, that "Budvanska Riviera" transferred the right to collect rent to the newly founded company "Sveti Stefan hoteli", but not and the obligation to enable peaceful enjoyment of the leased property.
The court panel, in the explanation of the decision by which the case is sent back for retrial, states that the court in the first instance procedure did not state the reasons for how the tenant determined this and initiated the arbitration procedure. The Council states that the first-instance court should have determined in an unquestionable manner whether arbitration proceedings have been initiated, what is the subject of the claim raised in the arbitration proceedings, and that only in that case it could assess whether the claim justifies the determination of a temporary measure.
In a re-decision, the Commercial Court rejected the request of Statis' company, which practically made it impossible to put up a fence on Kraljičina beach, whose demolition in March 2021 led to the "Aman resort" closing the city hotel Sveti Stefan and the villa "Miločer".
Namely, two years ago there was an incident when a group of citizens including the then mayor of Budva Marko Carevic demolished a part of the fence and gate installed by "Adriatic Properties" at the entrance to Krljičina Beach, which had been reserved exclusively for hotel guests for a full decade and a half until then.
Morski Dobr had warned earlier that the fence could never be in that place.
"From the building permit for the Kraljičina plaža spa center, it is clear that the gate is not provided for, and therefore the investor, that is, the tenant, is misleading us all the time that they are allowed to install the gate. It is clear and unambiguous to conclude that the gate exists as a record of the condition found on the ground at the time of the construction permit, but not in the construction permit issued by the then Ministry of Sustainable Development and Urbanism Number: 0503-1171/5, link 05-1384/2 dated April 27, 04, signed by the then minister Predrag Sekulić", it was announced earlier from this public company.
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