Z-Mobile urges judges to force Telekom to pay 30m euros in fine

The Pristina court today addressed Z-Mobile's request to Kosovo Telekom over recognition of the Arbitrazhi Court ruling, which was decided on that Telekom was obliged to pay Mr-Mobile over 30m euros, including interest expected to be determined.

Attending the session were Z-Mobile's representative (Dardafon Net LLC), lawyer Vyrtyt Ibrahimaga, and Kosovo Telecom representative lawyer Gazmend Nushi.

With the opening of the trial session, Z-Mobile's representative lawyer, Vyrtyt Ibrahimaga, said it remains close to the request for recognition of the arbitrage decision.

While Telekom's representative, lawyer Gazmend Nushi initially called on the Court of the case, Murat Pacharada to interrupt the procedure on this issue due to the existence of a criminal process that is still active against defendants who are accused of the same subject of consideration.

Lawyer Nushi said the subject is currently in the Court of Appeals, and since this court has not yet ruled, the lawyer said this process still remains active. Therefore, he asked the Court to make a decision to cut the procedure near the Department for Economic Affairs until criminal proceedings are completed.

Regarding the Telekom representative's proposal, objections came from Z-Mobile's representative, who said he does not understand the reason for this demand and what will be the benefits of PTK in prolonging this process because, according to lawyer Ibrahimaga, for any prolongation of this procedure PTK will be responsible for additional daggers that will be applied for every day of the accession procedure and execution.

And such a proposal by Kosovo's Telekom representative, to cut off this procedure until the completion of the next criminal procedure, was rejected by Judge Murat Pacharada, with what cases continued further with the process.

In addition to the telecom representative, lawyer Gazmend Niushi said they stand behind objections regarding the Arbitrazhi Court's final decision, which he said has decided on issues that are beyond its competence, issues which he said are entering the exclusive competence of local courts.

That claim was based on the administrative procedure, which Mr-Mobile had begun with the Administrative Court in 2013, by cʹrast, said the same thing has been requested that has been requested in the arbitrage procedure.

Therefore, according to lawyer Nushi in such a situation when a request has been initiated by local courts on the same issue cannot be launched.

He even said that with the arbitration decision, the Constitution of the Republic of Kosovo has been violated, as, according to lawyer Nushi arbitrage, it has intervened in the exclusive competence of local courts.

All in the end, the lawyer Nushi, the Z-Mobile proposal, considered it an attempt to place the tribunal in court, after he said, as of May 24th 2017, the parties had been negotiating final decision execution agreements, with what CHArast said they were paid 4.192.292.01 euros but that later this agreement was cut off by Z-Mobile, for which Nushi stated the screening object cannot be considered not to implement the deal on the side of the telecom but the opposite side.

Otherwise, Telekom's representative proposed to the Court either to reject Mr-Mobile's proposal for recognition and execution or in part to recognise the proposal and execution by subtracting them from the petitium of the final decision, the million values which, according to the lawyer, are calculated in full opposition to legislation, imperial norms and the public order of the Republic of Kosovo.

While Z-Mobile's representative, lawyer Vyrtyt Ibrahimaga stated that he does not object to the fact that Telekom has paid the amount of 4.192.292.01 euros, but according to the lawyer in this procedure, the values paid after the decision are not addressed, and that the completion procedure will lower the values paid by PTK.

Z-Mobile's representative said the object of this procedure is not the final value that PTK will have to pay to Z-Mobile, but that the subject of the review is recognition of the foreign decision.

And as for the contract between Z-Mobile and PTK, for which the representative is PTK said that Z-Mobile had broken it off, lawyer Ibrahimaga said the reason for the contract's secession has been to deal with the fact that PTK, even after 6 months of the arbitration decision had refused to implement the decision and that even after linking the agreement between Z-Mobile and PTK, it has not adhered to the contract for execution, and for this reason, Z-Mobile has been forced to cut off the deal.

Linked to the jurisdiction of the courts, Z-Mobile's representative said the PTK has addressed the case even in arbitrage procedure then even at the London Supreme Court and that both have decided that the arbitrage tribunal has had both territorial and hurtful competence to issue the arbitration decision.

According to those said above, Z-Mobile representative asked the court to decide on Z-Mobile's request and thus recognise the foreign arbitration and reform law on Kosovo arbitration to force PTK to carry the procedure's expenses, including representation costs.

In terms of Z-Mobile's claims, the Court will decide outside the judiciary.

Referee

The contract between the company “Dardafo” and the public company Telekom of Kosovo is under way in the agreement on January 16th 2009. The deal was set since “Z-Mobile” to be virtual mobile operator “Vala”. Differences between the two sides began when “Z-Mobile” requested additional numeration, so more than 200,000 numbers were first divided. Disgreements ended in Arbitrazh. In 2015, “Z-Mobile” (Dardaphone) addressed Arbitrazhi after claiming that Kosovo Telecom was violating the agreement after refusing to share additional numbers and offering 3G and 4G services.

Arbitrazhi Tribunal near the International Economic Ode, according to the company's “indictment. Mr-Mobile”, on December 9, 2016, ruled in favour of this company.

Under Arbitrazhi's decision, Kosovo Telecom was obliged to accommodate additional number “Z-Mobile”, as well as offering 3G and 4G services. And for the damage caused, Arbirage imposed Telekom on him to pay about 30m euros in fines in the name of damages, lost profits and the spending of Arbitrazhi's procedure.

We remember that in terms of the agreement between Z-mobile and Vala, the prosecution had filed an indictment against the head of the Agron Mustafa telecom, Ejup Qajja Gjonbalaj.

Agron Mustafa and Ejup Qerim, at different times, have held the position of Telekom's chief. Meanwhile, Rexhe Gjonbalaj has been chairman of the Kosovo Telekom board.

The incident has dealt with actions that preceded the Court's decision and then the arbitration dispute, which ended with the agreement between Z-mobile and Vala.

But in December of last year, the Constitutional Court, taking the defenders' requests to challenge the evidence and drop the indictment, had decided to reject the indictment filed by the Special Prosecutor.

According to the Court's Decision, KALLXO.com, reportedly the Special Prosecutor has not supported the indictment with any reliable evidence.

The ruling reportedly has not proved by any evidence that defendants intended to cause damage to the damaged “D ARDAFON”

In the case of making this decision, the Court has directed the damaged company “Dardaphone.net”, in civil conflict. /Cashho. com