Another trouble for Roseta Hajdari's ministry: Court Compulses to A Company Onem Euros

The Comercial Court through judicial action has imposed on the Government of Kosovo, which the plaintiffs, respectively, KPU “Inspect” Sh.p.k. has compensated for the material damage in the form of lost profits, worth 1 million 84 euros and 61 euro, with legal interest of 8%, from the date of the indictment's appearance to the defined fulfillment.

The Comercial Act was taken on May 2nd, 2023, outside the session, while the amount to be compensated is said to have been ascertained and proven by financial expertise, reports “Best for Justice”.

Comercial states that MINT's decision was illegal, composed of violations of procedural provisions and with error and incomplete proof of the actual situation.

The decision of the indictment, with which a 3104 protocol requirement had been rejected, was illegal not only in violation of the procedural provisions, but also in terms of the wrong and incomplete confirmation of the actual situation because the Court in reasoning of its Action has proved that it is not one of the claims of the indictment that the Plate lacked the price of services and bank guarantees at the value of 20,000. OLYx1>, the Court says.

In this case, on the basis of separate and comprehensively administered evidence, the Commercial Court has come to the conclusion that the prosecution side has been caused lost profit and that the same is the reward for lost gain, so the final provision of Article 173 of the Law on Obligations has decided to approve the suit of the lawsuit.

This has been said since the decision, among other things, “ ...in the concrete case the cause of lost profit, which was expected fairly based on the order of things, whose implementation was hampered by the harmdoers' action, either the decision of the 7072 verdict of the 30.08.2012 verdict, which by both judicial institutions had been confirmed as an illegal decision, so the Court in case of the prosecution's ordinance applied to 173 of the Law on Obligations Agreement <1x>

Through the indictment, the court has also imposed the indictee to compensate for the procedure's expenses up to 9 thousand and 350 euros, all these amounts in the seven-day term from the absolute day of this act under threat of violent execution.

According to the indictment exercised on June 29, 2016, the plaintiff KPU “Inspect” St. The P.K for inspection of quality and quantity of goods has filed lawsuits against the Kosovo government -- the Ministry of Trade and Industry -- for compensation for lost damage and profit, worth 1m and 497 thousand and 410 euros and 97 cents.

The indictment says KPU “Inspect” requires the court to impose on indictee MTI, to compensate for the damage caused and lost profit, to the above-mentioned value, with legal interest between September 1st 2012, and to the defined payment, including procedural spending, with the reasoning that the unlawfully indicted has taken no verdict. 7072, on August 30th 2012, with which the plaintiff has been denied authorisation for inspection of oil fuels.

According to the indictment, with this verdict the plaintiff has been harmed, making it impossible for the realisation of business activity, and as a result of this the realisation of financial revenues, this fact which is said to have proved in Pristina's preliminary court procedure the Department of Administration Affairs, with the act of November 4, 2015, of firm and almighty form, stressing that the denial of the license to the lawsuit has been groundless and contrary to the law.

So, through the indictment, the plaintiff The KPU “Inspect” has asked the tribunal to force the indictee within the 7 days term after its failure to act on the threat of completing to pay the highest-mentioned compensation in the name of caused damage and lost profit, with legal interest, and procedure spending. /Betimy for Justice