Do not decide in favour of the company, Telekom publicly accuses several Macedonian judges

Kosovo's Telekom has rejected the decision ruling of the Commercial Court, the First Century Chamber, which relates to the conflict stemming from the 2016 Arbitrazhi decision held between Kosovo Telecom and the Dardafon/Zmobile company.

According to a communique of this institution, the decision, which they have accepted in 16,02.2024, is contrary to the facts and preliminary decisions of the courts.

A media communiqué reportedly leaves “in force the completion order issued in 2019, which paves the way for blocking Telekom's bank accounts and robbing the amount of more than $5.7 million”.

According to Telekom Act has criminal elements for which they have given “several reasons”

“We are convinced that this ruling, except that it is illegal, has and clear criminal elements, through which it is intended to do an irreparable damage to Kosovo Telekom. During the time Kosovo Telecom was expecting the invitation to hold the feasibility session and to select the institution that would make financial expertise, according to second-air Chambers directives, as requested by Article 199 of the LPK, by the date 16.02.2024, we accepted the Komercial Court's First Scale Act, taken on the same day and completely abusive by the judge of the case, without any session being held where the parties could present their claims and claims without any expertise whatsoever, as required in the Second Century Court's decision, among other municipalities.

Full communication:

By the date 16,02.24, Kosovo's Telecom has accepted the Constitution of the Commercial Court, the First Century Chamber, which relates to the conflict stemming from the 2016 Arbitrazhi decision held between Kosovo Telecom and the Dardafon/Zmobile company (owned by Blerim Devolli).

This ruling, taken by Judge Hasan Kryeziu, is completely anti-legal, unjust, in full opposition to the actual situation, in full opposition to the incompatible trials, and worse, in full opposition to the decision of the Chamber of Second Stairway to the same court, taken by 30.11.2023, and a complete disregard of the Constitutional Court's Court Act regarding the right to fair and impartial judgment.

The Second Stair Chamber near the Commercial Court has three times turned the Chamber of First Stairs' decisions into retrial for the same case, as a result of violating legal provisions and violating the material rights of the debiter (Kosovo Telekom).

The decision of 30.11.23, in the pre-breaking paragraph of the 5th page, calls for the First Century Chamber to engage in a retrial institution or licensed auditing company in order to draw up financial expertise that will define the parties' correct obligations.

Also, in the paragraph before the end of the 6th page of the Second Stair decision, First Scales are required to act in accordance with Article 199 of the Convention Procedure Act.

Citation, Article 199: The court of the case is in charge of, after reaching the second-instance court's act, immediately assigning the preparation hearing or hearing for the main investigation of the case, which should be held late 30) days after reaching the second-degree court's agreement, and conducting all procedural actions and reviewing all cases that the court has offered to her in its decision.

During the time Kosovo Telecom was expecting the invitation to hold the feasibility session and to select the institution that would make financial expertise, according to second-air Chambers directives, as requested by Article 199 of the LPK, by the date 16.02.2024, we accepted the Komercial Court's First Scale Act, taken on the same day and completely abusive by the judge of the case, without any session being held where the parties could present their claims and claims without any expertise whatsoever, as required in the Second St.

Through this act, the completion order issued in 2019 opens the way for blocking Telekom's bank accounts and robbing more than $5.7 million.

In the meantime, with all the evidence and facts presented at the tribunal, it has proved that Kosovo's Telekom has paid over $40m on behalf of Arbitrazhi's decision, though the obligation by Arbitrazhi's decision was about 27 million. Thus, so far Kosovo Telecom has been forced to pay over 13 million more. Under the ruling in question, plundering the amount of $5.7 million results in an excessive payment, more than 19 million higher than the amount imposed on Arbitrazhi's decision.

All these excessive payments have been made as a result of the court's wrong decisions, as well as successive returns to the retrial of this case; until the Constitutional Court.

We are convinced that this ruling, except that it is illegal, has clear criminal elements, through which it is intended to do an irreparable damage to Kosovo Telekom. We present the following reasons:

Although this act may be filed on the Second Court of Court, it cannot stop his execution. This causes irreparable damage.
Execution of this act means that money from Telekom's bank accounts is transferred to Dardafon's bank accounts.
It is publicly known that the Dardafon company is registered as KPS business and has not operated since 2019. This company has no playable or real estate, which can easily be proven through verification of its bank accounts, its statements in ATK and the property registry (cadastre). So the damage is irreversible.

Telekom's money, which will be poured into Dardafon bank accounts, could be transferred immediately abroad.

After retrialing the issue on the Second Stairway, after the complaint, we have no doubt that the decision will be in favour of Telekom, because there is no way to differ, because we have a Second Stair decision, which orders financial expertise. It is the denial of financial expertise by the judge of the case that is the key issue of this extraordinary conference.

The case judge in his decision tries to manipulate Kosovo Telecom's stance that Telekom is denying the height of the arbitrage decision. That's not true at all, and it can be proven in all the subject papers. The truth is that Telekom has not only recognised the height of the obligation issued by arabble, but has also paid over 13 million more. For this overpaid second degree has rightly demanded financial expertise from any licensed audit company. So we say that only financial expertise sets justice in this matter.

We strongly believe that, in the second Stairway retrial, Dardafon will be forced to return Telekom's excessive money taken unjustly.
But then it'll be too late because Dardaphon's accounts may be empty.
So Telekom will have the court's decision, which gives him the right to return the money, but money may be in secret possession of Dardafon's owners.
This seems to refer to an organised scheme, where it would appear that no one could be legally guilty, but will actually only have a damaged party Kosovo Telekom or public money.

To prevent this scheme, Telekom has immediately taken action within the options available:

We have immediately announced the highest organs of justice and have requested that actions be taken to prevent this scheme.

We have filed criminal charges against judges in the Special Prosecutor of the Republic of Kosovo.

We've asked the Court for exemption because of the recorded violations.

Within the deadline, demand for suspension of completion will be submitted until the circumstances of taking the First St.

Within the legal deadline, a complaint will be filed against the First Stairway Act in the Second Century of the Commercial Court.

Kosovo's Telekom requires all relevant institutions to take immediate action to prevent this criminal scheme, aimed at robbing over $5.7m of public money belonging to Kosovo citizens and state, not criminal groups.

With these actions, faith in the institutions of justice grows except that the plunder of public money is not possible.

Kosovo's Telekom alerts the opinion and also the opposing side involved in the process that it will continue to undertake all necessary legal actions to continue this long and difficult legal battle. We will never tire out or give up until the right wins. If necessary, we will do so even in relevant international courts.

Kosovo's telecom has been damaged by hundreds of millions of euros in contracts with this company, but we will not allow any provision for this damage to continue through court processes set within the justice system.