The Supreme Court of Montenegro rejected as unfounded the review of Elektroprivreda Crne Gore submitted to the second-instance judgment of the Court of Appeal, by which the largest Montenegrin company is obliged to pay almost 50.000 euros to the Pljeval company Čistoća, and with interest, much more, on behalf of the performed communal services and almost 4.500 euros costs of conducting civil proceedings.
The local company Čistoća previously filed a lawsuit with the Commercial Court against EPCG due to non-payment of invoices submitted by the company to the Pljevlja Thermal Power Plant for garbage removal for the period from November 1, 2018 to May 31, 2019.
The Supreme Court asserts that no significant violation of civil procedure was committed before the lower courts.
For years, Elektroprivreda Montenegro has been refusing to settle the cleaning bills, because they believe that the areas being cleaned are significantly smaller than those shown in the invoices issued to them, so the debt on this basis has grown to around 350.000 euros.
EPCG said that they regularly object to the invoices submitted by that local company, because when calculating they use data from the cadastre, instead of calculating only the areas that are cleaned, which the court did not respect
For part of the debt, Čistoća initiated several legal proceedings at the Commercial Court.
Čištoja issues a monthly invoice to EPCG for its services in the amount of slightly more than 7.000 euros.
The EPCG said that they regularly object to the invoices submitted by the local company, because when calculating they use data from the cadastre, instead of calculating only the areas that are cleaned, which the court did not take into account.
In Čistoća, they said that they believe that the calculation should take the entire area of open and closed space, which represents a unique spatial, functional and technical-technological entity that serves to perform activities at the Pljevlja Thermal Power Plant, which is registered in the cadastre.
7 thousand euros is the invoice that Čistoća issues monthly for its services to the Electric Power Company of Montenegro. EPCG, however, has been refusing to settle those bills for years, because they believe that the areas being cleaned are significantly smaller than those shown in the invoices issued to them, so the debt on this basis has grown to around 350.000 euros.
The court judged that it is correct that Čistoća calculates the open and closed space for its services, which is the function of performing the technical-technological space in the TE because it represents a unique technical-technological unit and production plant.
The court did not accept EPCG's objection that they did not conclude an Agreement on the regulation of mutual relations with Čištoča and that there is no basis for issuing an invoice.
According to the law, municipal waste removal services cannot be denied to users, so the defendant, as a user, is liable to pay for them. Communal activity has been established as an activity of public interest, so the plaintiff, as a service provider, has the legal right to claim compensation for the services provided, since the removal, removal and deposit of waste from public areas and household waste are tasks entrusted to the company that is entrusted with cleanliness maintenance tasks. and all in accordance with the cited regulations, and the defendant, as a user, is obliged to pay the same regardless of the fact that no agreement on the regulation of mutual obligations has been concluded, because it is a legal obligation", states the first-instance verdict of the Commercial Court.
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