The Administrative Court rejected the request of "Carin" to postpone the restoration of the location at the beach in Baošići to its original state.

The Administrative Court of Montenegro has rejected as unfounded the request of the company "Carine" to postpone the execution of the decision of the Administration for the Protection of Cultural Heritage - Regional Unit Kotor, which ordered the company to restore the location at the beach in Baošići to its original condition, Pobjeda has learned.

This is a decision of the Administration dated February 16, 2026, which ordered "Customs" to restore the location consisting of cadastral plots 771, 772, 773/1 and 774 of the Baošići administrative district, in the municipality of Herceg Novi, to its original state. The decision states that this location represents an integral part of the protected environment of the Natural and Cultural-Historical Area of ​​Kotor, inscribed on the UNESCO World Heritage List.

On May 6, "Carine" filed a lawsuit with the Administrative Court against the Ministry of Culture and Media's decision of April 15, which rejected their appeal against the Administration's decision. Then, on June 3, they requested that the execution of that act be postponed until the final conclusion of the administrative dispute.

The company claimed that the implementation of the solution would cause obvious, serious and irreparable damage, not only to "Carine", but also to the wider public interest. In the request, they stated that restoring the location to its original state, at this stage of the project implementation, would effectively prevent the operation of the "Carine 5*" hotel complex in Baošići during the 2026 tourist season, because the bathing area in question, in their opinion, is a functionally necessary part of the complex designed to accommodate approximately 2.000 guests.

"Customs" also claimed that the enforcement of the decision would lead to the cancellation of reservations and arrangements, termination of contracts with tour operators, the activation of penalties, claims for damages and damage to business reputation in the international tourism market. They also pointed to the possible consequences for the local economy, tourism industry, employment, local government and state revenues from taxes, tourist fees and tourist fees.

The Administrative Court's decision, which Pobjeda had access to, found that the company had not made it probable that there were grounds for postponing enforcement. The court stated that the party must prove that the enforcement of the contested act would cause irreparable damage to it, i.e. that such damage must be determined, described and specified.

According to the court, the allegations of "Carina" about the consequences for business, the tourist season, contracts, public revenues and the tourism industry cannot be linked to irreparable damage to the company itself. The court assessed that these claims are broad, that they require proof, and that the prosecutor did not specify the extent of the possible damage or provide evidence that it would be irreparable.

With this decision, the Administrative Court did not decide on the legality of the decision of the Administration and the Ministry, but only on the request to temporarily postpone the execution of the decision until the end of the administrative dispute. The Administration for the Protection of Cultural Property previously rejected the proposal of "Customs" to postpone the execution, assessing that the postponement would be contrary to the public interest, because, according to that authority, damage to the natural environment, cultural heritage and protected areas had already been caused by the filling of the shore.

An appeal against the decision of the Administrative Court is allowed to the Supreme Court of Montenegro within 15 days from the date of receipt of the decision.