Returning to retrial from the second degree of Commerciale, the question of “

The Comercial Court's Second Stair Rooms have approved it as based on the complaint of Pristina's Procuration Organisation (OSHP) and interested-comuna sides and “Sada” sh.p.k, turning the subject for “Rug “A “A” in review and reset to the first-degree room.

The decision, taken on November 16th 2023, says the issue turns into restoration due to substantial violations of legal provisions, reports the “Justice Trust”.

“Such skeletons represent fundamental violations of the contextial procedure provisions that have had an impact on obtaining legal and fair eligibility, so the accepted act must have been derailed”, says the second degree ruling.

The Comercial Court on October 17th 2023, through its decision-making, has approved the plaintiff request “Pro & CO Group”, sh.p.k., for delaying the execution of the decision issued by Procureing Agent (OSHP), on April 19, 2023, regarding the procurement activity “Construction of the First Part” Road.

Against this act, in the legal term there has been a complaint filed by the Prosecutor's Bureau of Procurement, due to fundamental violations of contextal procedure provisions, wrong and incomplete confirmation of the actual situation, and the wrong application of material right, with the proposal that the court endorse the complaint as based and disrupt the above act.

Also, the complaint against the Commerial Court's decision had prompted the interested Pristina-Comuna and “parties. Sa Perëndia” Sh.p.k.

On the other hand, the plaintiff has filed answers to the complaints of the upper parties, with which he has generally rejected claims in complaints and proposed to the Chamber of Second Commercial Court to be rejected in all complaints as groundless and to remain in force of the No. There. nr.181/23 of October 17th 2023.

In the ruling, provided by “Justice Vow decision”, says the Second Century Chamber of Court College, assessed the legality of a complaint act in the sense of Article 12 of the National Court and Article 194 of the LPK, applicable under Article 63 of the Law for Administrative Conflicts and Article 49 of the LKA, in the direction of complaints, and after reviewing other letters found the subject was based.

In the decision, the College reportedly found that beyond describing the legal provisions, the Court of First Case in its ruling had not given sufficient rationale regarding the criteria that must be met to decide to suspend the indictee's decision.

According to the second-instance decision, the College in view of the legal provisions of Article 22 of the LKA regarding the request for a postponement of the verdict, contestors at this phase of the procedure estimated that the court of the first degree for the examination and assessment has only the legal criteria defined at Article 22 of the LKA, and not even the assessment of the legitimacy of the controversial administrative act.

“Colegi estimates that the argument of first degree ruling has not been formulated in the 160th article of LPK, which determines the structure and content that a judicial decision should have to be fair and legal.

According to the second degree decision, because of the many vagueities faced in the first degree act, related to some of the fundamental and judicial circumstances that characterize this administrative conflict, the outcome of the judicial decision in question is also impossible.

This is because the complaining decision device is unintelligible, legally unclear and incomplete”, the decision says.

From the alleged reasons, the second-degree Comercial Chambers have found that the first-degree court has violated the over-mentioned and re-procedure provisions must eliminate all over-exposed violations and assess all the facts of crucial importance according to the parties' claims and then issue a legitimate and just decision.

Otherwise, the Commercial Court on October 17th 2023 had approved it as based on the prosecution's request “Pro & CO Group”, sh.p.k., for delaying the execution of the decision issued by Procureing Agent (OSHP), on April 19, 2023, regarding the procurement activity “Construction of the First Part” Road.

In the Comercial decision, the plaintiff “Pro & CO Group”, Sh.p.k, near this court has initiated administrative conflict with the request to annul the decision on April 19, 2023, issued by indictee O The EPS, as well as has called for delaying the execution of the verdict until making any other ruling by the tribunal.

Otherwise, after that decision, Pristina chairman Progress Rama had reacted, who has charged that this decision is based on political interests and interest groups, saying the decision was taken by Vetevendosje MP Victory Pacolli's sister. To Rama's statement, the Commercial Court had reacted, which has considered Pristina's Archarari statements disturbing.

Kosovo's “Commercial Court expresses its concern over the statements of state officials, regarding the decision to set the security measure, respectively the postponement of the execution of the OshP decision in the “road A”, which is in procedure near the Centre of the Royal Court's First Scale”, said in the Comercial Court's response. /Betimy for Justice