Appeal restores Telekom case to zero with Z-Mobile

In the establishment of this court, a copy of which has provided the Economic Bulletin is said to have been approved as based on Telekom's request for annulment of the 2020 Constitutional Court decision, through which Telekom owed the company Z. -Mobile over 24 million euros.

Kosovo's “Aligned as the foundation complaint of the debtor's author “Teclomen” sh.a. headquartered in Pristina, the Constitutional Court Act in Pristina is cancelled. PPP.r 1486/19, dated 06.07.20, and the case is returned to the same court in re-procedure”, says the ruling.

Just for this decision, Kosovo Telecom is expected tonight to come up with a media communiqué.

The full amount that Telekom was obliged to return to Dardafon, most specifically Z-Mobile, according to the Foundation's decision, was a total of 24m and 684 thousand euros.

We remember that the same decision, Telekom, had also met at the Constitutional Court of Kosovo, with which a series of violations had been found in the Constitutional Court's ruling.

The Constitution had accepted the request, and it had declared the decision of both the Supreme Court and the Appeals invalid.

In the ruling, which is expected to be announced soon, the Court of Appeals, after the return of the case in the constitutional court's review, over violations of the principle for the equality of the parties' weapons in the procedure due to the failure of the option of the debit side (Telekom) to declare itself in terms of the specification of the debt, the prosecution has estimated that there is no possibility to deploy by the device of this act, so it has decided that the decision of 06.07 to be annulled and the case be returned to the first instance.

Otherwise, even the Economic Bulletin had earlier reported that “a volumeable Telekom indictment handed over to the Constitutional Court raises debt swell claims in the “case Z-Mobile”, warning that this indictment could turn the case to zero. The amount disputed in this case was 6.3m euros, of 26 million total debt.

In the indictment, the Constitutional Court ruling in Pristina and the Appeals ruling was agreed on, which was known to Z-Mobile as being entitled to 26 million debt.

In arguing for the indictment, Telekom officials claim that first and second-degree courts have not given them the opportunity to submit their claims.

“Since Pristina's Constitutional Court has decided that in terms of annulment of Telekom to hold judicial review, at the moment when Dardaphoni failed to complete the trial, changed the proposal, and presented new evidence which he had not submitted until then, the Court has been obliged to assign the new review in order for Telekom to be given the opportunity to declare about these cases and the changed circumstances, said the indictment.

Contrary to the legal obligation, according to the indictment, the first degree court had not assigned the next review, thus denying Telekom the guaranteed legal right to declare itself regarding the amended proposal, changing value and new evidence.

These violations of the completion procedure were also among Telekom's key claims in the complaint submitted by 10.07.2020. In the complaint, the Court of Appeals issued the Act of Ac.n. 3610/20 of the 08.10,2020th year with which he was not even treated, he left more appreciation for these complaint claims”, highlighted further in the indictment.

In the review, held on June 22, 2020, regarding the currency of Debitor Resilience (Telekom), the Constitutional Court in Pristina had concluded with which it had forced the lender to hand over the Parastase within the three-day deadline for determining the completion proposal.

This Parastre, the Creditor (Dardaphone) had delivered on June 29, 2020, which the Debator (Kosovo Technology) had accepted on July 6, 2020.