Pljevlja coal mine, Photo: Pljevlja coal mine
The Supreme Court of Montenegro accepted the request of the coal mine to review the judgment of the Court of Appeal, which ordered the largest company in Pljevlja to pay 2.37 million euros to the Municipality of Pljevlja for non-compliance with the contract on the payment of compensation for the development of city land signed twenty years ago.
The marathon dispute between the Municipality and the Mine will continue on December 18, when a new hearing is scheduled in the Court of Appeal.
The dispute between the Municipality and the Coal Mine lasted for almost 12 years, and after the judgment became final, the Mine paid the local government the entire amount of the debt on July 1, although it had previously asked to settle the obligation in installments.
The leaders of the Municipality of Pljevlja and Rudnik Uglja signed the contract in mid-August 2004, and it determined the compensation for participation in the costs of building construction land, which the Mine had to settle due to the implementation of the multi-million dollar project of moving the Ćehotina River and opening the Cementary mine.
In the contract, the mine undertook to finance the creation of a part of the planning and project documentation in the name of compensation for the development of construction land and to invest in works on one part of the buildings.
After the Mine did not settle its obligations within the stipulated period, the Municipality filed a lawsuit, and in the 12 years that the trial lasted, several verdicts were passed, some of which were in favor of the state enterprise.
In the judgment of the Appellate Court, it was stated that Rudnik should have paid the money to the Municipality within eight days of receiving the judgment, under the threat of execution, and everything with default interest from the day of the judgment on March 18 of this year until payment.
The amount of almost 2.4 million euros, with statutory default interest from the date of the judgment until payment, should be paid by Rudnik uglja in the name of the value of the performed works of the main project of the waste water treatment plant in Židovici, the development of the main project for water treatment from the storage lake in as part of the facility on Plješa, the execution of works on the remaining part of the fecal collector to the place where the waste water plant is planned in Židovici, the regulation of the Breznica river bed in the length of 600 meters, as well as the installation of a secondary collector in a length of 325 meters.
The awarded amount also refers to the works performed on the main supply of drinking water in the high and low zones of Pliješ, for part of the works on the facilities of the new plant in Pliješa, water purification from the Otilovići reservoir as part of the facility in Pliješa. And for the execution of works on the implementation of the fecal sewage project in the area of the Ševari local community.
The lawsuit requires the mine to finance investment works related to the regulation of the 600-meter-long Breznica riverbed, the deepening of the Ćehotina riverbed on the unregulated part of 3.5 km, within two years from the date of receipt of the verdict under the threat of execution. In addition, the Mine has to complete the remaining works on the main drinking water supply FI 400 of the high and low zones of Pliješ – the city center, the remaining works on the facilities of the new plant in Pliješa, the purification of water from the Otilovići reservoir within the facility in Pliješa.
“In the opinion of this court and in the specific case, the parties were authorized to arrange the execution of the legal obligation related to the settlement of the compensation for the development of the construction land in the way they did it in the disputed contract, by stipulating the defendant’s obligation to finance the preparation of part of the planning, project documentation and to invest in works on a number of buildings… On the basis of this contract, the defendant, as an investor, was fully aware of all obligations, which he accepted by signing the contract this point of view is also supported by the fact that he led a dispute before the Commercial Court of Montenegro in order to determine the nullity of the contract and the annex in question, so he did not succeed in that, which is why they are legally binding and binding on the parties”, the Appellate Court states, among other things.
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Source: www.vijesti.me
