Telekom owes to '%a pays Dardaphon even 5.7m euros

According to Telekom's communiqué, the decision has been taken in a court process in flagrant violation of basic procedure principles.

Kosovo's “Teleclomy is in a situation where it has already paid more than 40m euros in terms of the obligation owed to 27.6 million as defined in the Arbitrazhi verdict (approximately 13 million overpaid should be returned by Dardafon). Thus, in a judicial process in flagrant violation of basic procedural principles, documented as influenced by Dardafon.net, Telekom is forced to pay more than double the obligation by a state court”, the Telekom communique says.

Time has sent questions to the Commercial Court regarding this response, and once I receive an answer, the text will be updated.

According to Telekom, the way this case is addressed is disturbing and violates basic principles of justice management.

“While Kosovo Telekom, within the legal deadline, has exercised its right to complaint, and the content is in place with the Commercial Court, the Second Stair Chamber, the way to address Kosovo Telecom's contest with Dardafon is extremely disturbing, and is in violation of fundamental principles of justice management. This public response comes because of the repetition and failure to address these violations within the justice system and repeat the same violations at the expense of Kosovo Telecom”, the communique said.

The fact points out that it is the third time the first-degree court is setting the same case and it is said that this is happening, “after the two preliminary decisions have been cancelled due to fundamental violations of Kosovo's constitutional and legal rights for a fair legal process”.

The inability to have a legal fair process has contributed to Telekom's lack of access to more than 13m euros on payment to Dardafon.net. These tools present Dardafon's legal obligation.net to turn behind Kosovo Telekom and must be filed by Court”, the communique said.

Full Communication

Kosovo Telecom sh.a. is facing the repeated failure of the judicial system to address its dispute with Dardafon fairly and legally.net.

Kosovo's Telekom has accepted the KPPP arrangement no. 365/23 by the Commercial Court, the First Century Chamber, with which the individual Judge A.T. It has forced Kosovo Telekom to pay an additional amount of approximately 5.7m euros for Dardafon.net.

Kosovo's telecom is in a situation where it has already paid more than 40m euros, despite the obligation imposed on 27.6 million, as defined in the Arbitrazhi decision (approximately 13 million surpluses that must be returned by Dardafon). Thus, in a judicial process in flagrant violation of basic procedure principles, documented as influenced by Dardafon.net, Telekom is forced to pay more than double the obligation by a state court.

While Kosovo Telecom, within the legal deadline, has exercised its right to complaint and the subject is in place with the Commercial Court, the Second Stairs Chamber, the way of addressing Kosovo Telecom's contest with Dardafon is extremely disturbing, and is in violation of fundamental principles of justice management. This public response comes because of the repetition and failure to address these violations within the justice system and repeat the same violations at the expense of Kosovo Telecom.

It is the third time (3) that the first-degree court is deciding the same case, since two preliminary decisions have been cancelled due to fundamental violations of Kosovo's constitutional and legal rights for a fair legal process.

The inability to have a legal fair process has contributed to Telekom's lack of access to more than 13m euros in surplus to Dardafon.net. These tools present Dardafon's legal obligation.net to turn behind Kosovo Telecom and must be filed by the Court.

Initially, for the first retrial, the intervention of the Constitutional Court of Kosovo had to be annulled to the decisions of all fair courts (including the Constitutional, Appeal and Supreme Court) that had favoured Dardafon.net and brutally violated Kosovo Telecom rights. The Constitutional Court of Kosovo in the Cli84/21 Act (“Constitutional Court”), in the procedure to address Kosovo Telecom's reverse and address Creditor's request, has concluded that we have serious and serious constitutional violations at the expense of Kosovo Telecom S. A, for which reason it has annulled all the decisions of the lower courts of institutions. The Constitutional Act has decided T Um... CONSTTAYS that there have been violations at the expense of Kosovo Telecom of Article 31 [Justice for Justice and Freest] of the Constitution of the Republic of Kosovo in connection with Article 6 (Right for a Regular Process) of the European Convention on Human Rights.

Even after the Constitutional Court's Judgment, the process turned twice near the first-degree court, while violations continued the same. That is after the lower courts refused to implement this Constitutional Court Act.

On the other hand, in the second retrial, was the Court of Appeals, which again annulled the first degree Act, which again favoured Dardafon.net in serious legal violations.

Already, even in the third retrial process, the same Judge (A.T.) and the same Court continue with deliberate and brutal violations of the fundamental principles of a legal process. The manner and offenses that have allowed to be achieved to this illegal and absurd result in sumptuous form include violations as follows:

a. Kosovo's Telekom is denied the basic procedure right in an independent financial expertise for calculating payments between the parties, based on non-compliance documents and the obligation of Dardafon to return 13m euros. Despite the fact that the Constitutional Court and the Court of Appeals have forced the first-degree court to assign independent expertise, the same continues to be refused for no reason by the Commercial Court. The sole purpose of such rejection is to favour Dardafon.net to complete the sum at his own will. Thus, Kosovo Telecom is unable to calculate the payments based on documents that are not at all contradictory.

b. Dardafon.net controls his expertise and the Court accepts the same without giving Kosovo Telekom no opportunity: The court (A.T.) bases its decision by the Dardafon-controlled expert.net (R.S.) and appointed by the private host (I.M.), at the request of Dardafon.net. Thus, it is based on a document that has not been authorized and allowed at all by the Court. Thus, this curious expert, who in the submitted document clearly stresses that he has prepared expertise only from the documents offered by Dardafon, is accepted as a reliable document of Telekom's obligations.

c. The judge only partially recognises and refuses to recognise the effects of the payments made by Kosovo Telecom under the “Agreement on executing Arbitrazhi's final decision 20990/ MHM” signed between Creditor and Debator on the 2405,2017. This agreement represents Akt Noterial (“Act en minute” LRP: 6316/2017 and No. REF: 1202/2017 compiled by Notter S. B. and on the same basis, Dardafon has accepted minutes/numbers and other services that have prudent financial value and must be broken into debt calculations.

Eventually, the provision of security (also rejected by Judge A.T.) has been requested and requested because, there is the danger that the lender, as in limited responsibility, would not respond to the return of the means he does not have, so it is required that the means completed by the Order, P.L.491/19, be maintained by Debtor or a third party (trusted administrator) according to the Court's assessment. That's because Debator (Kosovo Telekom St. A) should be assured by the Court that the material values that have been illegally taken hostage should be made sure that they return from a safe source that would manage the money until the final decision of all judicial institutions. Or the Law judge and judge should personally guarantee that taxpayers' money will be returned in any way, if the limited - responsible creditor's business would not respond to the return of the means it does not.

To avoid such a scenario, we invite all justice decision-makers who have the power to intervene and disrupt this illegal process that is taking place before our eyes and with the permission of the judiciary. If there is no immediate and decisive intervention, the damage will be irreparable, and belief in the justice system and the law will be destroyed and will give the wrong message that we have no one to protect the public property, rights, and interests of citizens.

Kosovo Telekom U.S. has used and will further use all legal means available to request that all already-financed means be returned without legal basis and imposed on the Kosovo Telekom accounts.

Kosovo's telecom has expectations that the judicial and prosecutorial system will exercise their competencies and take the necessary steps in establishing justice and fully clarifying the damage and extortion that have been caused to Telekom's public property under cases that have only been initiated in the respective organs.

It should not forget the fact that Kosovo Telekom has been seriously injured by the private Master and by the judge's groundless and illegal decisions. Kosovo Telekom has been doing collateral damage to the collection of interest and lack of payment of other operational obligations. Kosovo's telecom has legitimate expectations that this time Kosovo's judicial system will exercise its constitutional and legal role in eliminating violations at the expense of Kosovo Telecom. Kosovo's telecom will never stop until the property and public money justice is established.