Agriculture ministry loses case in court, forced to pay over 100,000 euros in creditors

With that decision, the ministry is obliged to pay the billed sum of 101,052.21 euros, which is linked to services conducted under the public framework contract for the agricultural land inventory programme, as well as the procedure spending worth 270 euros. The payment must be made within seven days of the full might of the constitution.

This issue started in December 2020, when creditors “Klajger Construction” had submitted completion proposal based on the no.06 bill of 30.03.2020, which stems from public framework contract Ref.nr.2/03/15/19 for the 2020 period and was approved by the County Managers' Commission near the ministry. The ministry had rejected completion, arguing that services were carried out outside the allowed contract value and without preliminary approval, as well as that the lender had exceeded the expenses of the project envisioned in the contract.

The court, after reviewing all documents and evidence, has found that the services were carried out with the approval of the Commission of Managers and that the bill provided reliable documents for execution, fulfilling all legal criteria for completion under the Law for Independence Procedure. The second-degree ruling confirms that the ministry must meet its financial obligation to the lender, respecting the contract and official documentation of the project.

“Gjycatta has assessed the debitor's claims that the lender carried out unbecoming services, approval or decision of the debitor, but he found the same as groundless because of the paperwork, respectively, paperwork on the dynamic plan approval of the date 30.01.2020, issued by the contract management commission under the debitor, results in the consent of this commission, through the release of the 03.04.20, the same commission has been confirmed that the loan was carried out according to technical activities described in the files of the 10110 euro. Also, the debitor's claims that services were performed outside the value of allowed with the basic contract and the debiter has accepted tools more than the anticipated inconsistencies price, which conflicts with the Public Procure Law, but the court because of the principle of formal judicial rigorousity in this procedure has not been issued to this claim that the court at this stage of procedure only estimates the eligibility of the document on which is allowed to end and not to other circumstances, although the court estimates the right of the debit party to such claims to regular civil procedure. Regarding the expenses of the procedure, the court has set the contract under 463 and 453 LPK in terms of Article 17 and 13 of the LPP, and since the claims presented in the reverse provide no basis for annulment of the completion order under Article 71 of the LPP, the contract under 73 at the LPP decided as a device to act”, it is said among other things in the decision.

The total amount due to be paid by the ministry includes the basic debt of 101,052.21 euros and the procedure for representation in the court of 270 euros, bringing the total debt to 101,322.21 euros.

This decision serves as a precedent for respecting reliable documents in public contracts and final procedures in Kosovo, indicating that regular documentation and adoption of projects by competent bodies is the basis for the implementation of payments and legal conclusion. /Periscope

Below, you find the full decision: MBPZHR Court Decision 2