BANJALUKA – The Higher Commercial Court in Banja Luka confirmed the judgment of the District Commercial Court, according to which “Hydroelectric Power Plants on Vrbas” must pay over 100,000 KM in compensation to the Sports Fishing Society (SRD) of Banjaluka for the stocking of Vrbas.
This company, although it was under a legal obligation, did not stock Vrbas downstream of the dam for three years, which is an insurmountable obstacle for the movement of fish.
They justified themselves by saying that they had signed a contract with SRD Mrkonjić Grad and that they had thus fulfilled their obligation, which, as they claimed, they were trying to charge twice.
In the judgment that is in possession CAPITAL– and it is stated that their obligation was to continuously monitor the condition of the fish population, both in the downstream and in the upstream part of the Vrbas River, in cooperation with local sport fishing associations, as well as to actively participate in stocking.
„The defendant’s obligation is to carry out stocking both upstream and downstream. The stocking obligation is exactly delimited to the part that belongs to Banja Luka and Mrkonjić City, so his allegations that he is paying twice for this obligation are unfounded.“, the judgment reads.
The court assessed that during the rendering of the first-instance verdict, there were no violations that were indicated in the appeal, nor violations that this court looks after ex officio, which is why the defendant’s appeal was rejected.
We would like to remind you that HPPs on Vrbas are required by law to ensure the unhindered passage of fish, or otherwise to carry out stocking in accordance with the plan of the users of the fishing zone.
The first-instance court found that they did not fulfill their obligation, as well as that they ignored calls from SDR Banjaluk to agree on the method of stocking.
However, that obligation was fulfilled for them by fishermen who will now charge their expenses with interest.
This final judgment comes at an inauspicious moment for the company.
According to business data for the first three quarters of this year, their profit fell by almost 50 percent, that is, from 6.8 to 3.5 million KM.
CAPITAL: D. T.
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Source: capital.ba
