The state is not obligated and will not pay a single cent to the bankrupt company Montenegro Airlines AD Podgorica.
This, "Vijesti" has learned, is the outcome of the proceedings that were conducted before the Court of Appeals following the company's appeal against the Commercial Court's verdict.
The Commercial Court's verdict, the editorial team's sources point out, has thus become final, and the company could only request a review before the Supreme Court.
In February 2023, the bankrupt Montenegro Airlines sued the state for alleged failure to fulfill obligations under a special lex specialis for the company, which was enacted by the government during the term of the Prime Minister. Duško Marković, demanding that they be paid more than 100 million euros, or more than 117 million euros with associated interest.
The Court of Appeal's ruling specified that the Competition Protection Agency had determined in 2021 that unlawful state aid was provided for through the Law on the Consolidation and Development of the Passenger and Cargo Air Transport Company "Montenegro Airlines" AD Podgorica, which was passed by the Marković Government.
"With regard to the above determination, the plaintiff's complaint allegation that the aforementioned law provides for the payment to the plaintiff of a total of 143.300.000 euros, with clearly defined individual amounts and with a clearly defined purpose, is of no effect, because as previously explained, this is illegal state aid that was determined as such by the competent and authorized body, which was the reason for the aforementioned law to be invalidated, so based on that law, which has ceased to be valid, the plaintiff cannot draw a basis for his claim," states the judgment of the Court of Appeal, which "Vijesti" had access to.
That court also held that the appeal's allegations that the first-instance court did not take into account the findings and opinion of the economic and financial expert are unfounded.
"The first instance court appreciated the findings and opinion of this expert, the supplement to the findings and opinion and the expert's statement, but, given the established factual situation, it correctly found that it had no impact on the decision in this legal matter," the Court of Appeals' verdict states.
At the beginning of March, the Commercial Court of Montenegro rejected a lawsuit filed by the bankrupt company Montenegro Airlines AD Podgorica, demanding that the state pay it 100.241.505 euros.
"The claim requesting that the defendant be ordered to pay the plaintiff, on behalf of the debt, and based on the Law on Investment in the Consolidation and Development of the Company for the Transport of Passengers and Goods in Air Traffic "Montenegro Airlines" AD Podgorica, the amount of 100.241.505 euros with statutory default interest starting from 20.03.2023 until final payment, and on behalf of the calculated statutory interest starting from the date of filing the claim until 19.03.2023, the amount of 17.347.273 euros is rejected, as unfounded," the Commercial Court judge's verdict reads. Radmile Perović, which was confirmed by the Court of Appeal.
Montenegro Airlines was represented in bankruptcy by an attorney, a Podgorica lawyer Boris Corsovic, and the state is represented by the Office of the Protector of Property and Legal Interests of Montenegro.
Bonus video:
