Despite the fact that the expert teams composed of the experts from the Faculty of Transportation and the Faculty of Mechanical Engineering, determined the damage suffered by ATP Vojvodina company due to unulfilled contract in the amount of 91 million Euros, the Commercial Court in Novi Sad rejected the lawsuit for collection of the amount. The judgement that was published yesterday on the Court portal about the case P 1327/2017 was written and expedited before the term in order to organize the judges for implementation of the political judgements.

In the explanation of the judgement, the judge Goran Crevar referred to the attitude of the Supreme Court of Cassation which had once claimed that the contract between the City of Novi Sad and Ilija Dević had been null and void. However, the Supreme Court of Cassation after all made the decision relating the damage compensation in favour of ATP Vojvodina, although significantly reduced and only partial. The damage amount for the Bus Station for the period from 1 March 2007 to 1 December 2011 was 13 million Euros without interest, and it was reduced to 4million Euros in accordance with the political order within the pressure on judiciary. The current damage compensation demand on the same basis covers the period from 1 December 2011 to 28 February 2013 for the Bus Station and the period from 1 March 2007 to 28 February 2013 for the Service Centre and the transportation lines. However, the latest decision made by the Commercial Court does not admit the fact that the damage has been made, although the case which lasted for two years was the one in which expertise was ordered and the prosecutor had the additional expenses.“The Court has considered the abovementioned results, but the results have not been accepted, having in mind the fact that the lawsuit filed by the claimant was rejected“, says the judge Crevar, among other things, in the explanation. (The attachment containing expertise results found by the court expert Jovan Dragaš who was appointed by the court for this case). By the way, a similar judgement was made in this case in late 2013 by the judge Slobodan Sremčev in accordance with the political order. His decision was „knocked“ by the Commercial Court of Appeal and it was returned to be processed again, this time to the judge Goran Crevar, because the judge Slobodan Sremčev-being suitable and obedient, was appointed the President of the Commercial Court in Novi Sad.

One of the absurdities given in the explaantion provided by the judge Crevar is that the amount of the damage found in the expertise ordered by the court is not a realistic one but that it is „An optimistic demand of the claimant and that such a profit could not be made“.

Since the judges are professionals and very experienced in their job, I think the decisions would have been different if the judges had made their decisions in accordance with the law and own conscience as ordered by the judges oath, but not in accordance with the political order.

There is a thing that the court, in spite of the entire „gymnastics“, has not determined: WHO IS TO BLAME? Because the damage does exist, and the compensation has already been paid for one period!!!!!!

The answer may be found in the fact that a domestic investor with well known origin of his funds is the one concerned here, but not a foreigner from a company with an off-shore destination who is also subsidized from the state budget.

Finally, even EU has said its opinion about this case by putting it in the group of five biggest out of total number of 24 privatizations as the only case in which the investor, but not the state, has been suffering the damage. The attitude of the court has caused changes in EU, because after introduction of bankruptcy and annulment of privatization in which 4 out of total number of 6 installments have already been paid, the state has become co-owner of 42% of funds of ATP Vojvodina.

Even the state property has been being destroyed for personal interest of the politicians!!!

Role of the statesmen is to take care of the state, but not to harness it into private furrows!!!!

I have already filed complaints to the High Judicial Court against the judges of the Commercial Court in Novi Sad Slobodan Sremčev, Goran Crevar, Vladimir Nastić and Gordana Ristić, as well as the Higher Court judge Mirela Nikolčić, because they have been participating in an organized way not only in taking away of my funds but the state property as well. This can also be confirmed by the plans being talked about in Novi Sad, saying that the site covering the area of 6 hectares is to be divided into two parts. One of them, together with the newly built EvoBus Service Centre is to be attached to the neighbour lot Južna bačka which is, according to KRIK, in the ultimate possession of the people close to the top levels of the state authorities, where all the decisions concerning Serbia are created. The other part, together with the Bus Station is to be taken by the City and given as a present to JGSP Novi Sad so that it could be better sold to some of the privileged „businessmen“. The goal set before the judges is to make the judgements which would reduce and ignore the damage in order to justify low price in a new privatization. I do not believe that the fact that ATP Vojvodina, even in bakruptcy and without involvement of the whole investment, is profitable is not an obstacle for them. They would simultaneously free the location of the current Bus Station which could also be well redeemed. I suppose that the potential buyer could probably work in accordance with the project I designed and which is plundered from me.

There are several damage compensation demands in the courts relating these cases. Besides the already decided „91 million Euros heavy“ case, there is the process in the case P 191/2016 for the amount of 36 million Euros, as well as the one for the personal damage compensation in the amount of 132 million Euros at the Higher Court. As for the lawsuit initiated by ATP Vojvodina for execution of the contractual obligation, Vladimir Nastić has a special role in it because he has stopped the proceedings and is waiting for the outcomes relating the damage compensation demands, so that he can make the judgement on the basis of the outcomes and in accordance with the already agreed manner.

I have been a businessman since 1974 and I have earned my funds by my own work but not from the thieving privatizations. It is generally known that I invested 30 million Euros into ATP Vojvodina company, along with the already existing 300, that I employed another 200 workers and, after completion of the second phase, total number of the employees would have been 1,200. Although this is the biggest domestic investment, the state has not given my any subsidiary which is given to foreign investors. Instead of developing the business, I have been conducting the court proceedings for ten years already because the authorities of the City of Novi Sad, after I had built the new international and intercity Bus Station and Specialized Service, did not comply with the contract which had been the foundation of the started investment. After that, the company went bankrupt.

Having in mind this situation which is rather rocky in this judiciary system, I demand a fair and lawful trial for ATP Vojvodina and me - Ilija Dević, as well as implementation of all the rights prescribed by European Convention on Human Rights and by the Constitution of Serbia.

I have informed the European Commission, European Parliament, Anti-corruption Agency, Anti-corruption Council, The Republic Prosecutor’s Office and other institutions about the entire situation relating these cases.

Yours sincerely,

ILIJA DEVIĆ , INVESTOR OF ATP VOJVODINA COMPANY

1327 2015 Izgubljena dobit od stanice

P 1327 2015 Izgubljena dobit od servisa i saobraćaja

P 1327 2015 PRESUDA

ATP “Vojvodina“ looked like this

before being privatized

  

ATP“Vojvodina“ looks like this

after being privatized





 



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