Podgorica, (MINA-BUSINESS) – The Appellate Court has annulled the judgment of the Commercial Court in a case filed by the company Bemax against Montenegro for compensation of damages related to the reconstruction of a barracks facility in Podgorica, amounting to €231,890, and returned the case for a retrial.

The Appellate Court recalled that the first-instance judgment upheld Bemax’s claim and ordered Montenegro to pay €231.890 in damages, with default interest from 28 November 2020 until payment. 

They stated that Montenegro, as the defendant in the proceedings, filed an appeal against the judgment in a timely manner.

The Appellate Court found that the first-instance court did not clearly determine whether deviations from the main design project, or from the contracted works, were necessary, nor the nature of the works that were carried out.

“It was not clearly established whether these works constitute additional works, excess works, or unforeseen urgent works within the meaning of the provisions of the Law on Obligations, nor how the first-instance court assessed the absence of the defendant’s consent in the context of the legal norms governing these types of works,” the Court concluded in a press release.

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