On demand of the Higher Public Prosecutor’s Office in Novi Sad, the Commercial Court provided the entire case relating bankruptcy of ATP Vojvodina. The Prosecutor’s Office’s demand was provided because of the criminal charges I filed more than a year ago where I pointed at all the judges who were not judging in accordance with the law, and especially at the decisions made in the bankruptcy procedure.

11 February 2020 Role of the Institutions in Confiscation of Ilija Dević’s Property

The letter in which the Prosecutor’s Office demanded the documentation was dated 17 March, the very day of opening the offers to the advertisement on selling the three entities of ATP Vojvodina. Although the Commercial Court is only a floor under the Prosecutor’s Office, the letter arrived there four day later. Has the documentation been packed or maybe selected between these two dates?

In the meantime, the offers to the advertisement on selling of ATP Vojvodina property were opened. I filed the complaint to the decision in that procedure, but it was also done by the Commercial Bank as well as the State Attorney’s Office which appeared there for the first time as a legal representative of a state organ, the Tax Administration which is the secured creditor in that case. A day before opening of the offers the Commercial Court rejected the complaints, but two days later the State Attorney’s Office filed a complaint to the Commercial Court of Appeal because both bankruptcy judge and bankruptcy trustee failed to fulfill their obligation to inform that institution about all the important activities relating bankruptcy.

After the bankruptcy and terminated privatization, I as an investor was granted a share of 38,8% for the realized investments. I have been filing the criminal charges from that position for many years, because of the way in which this bankruptcy procedure has been being conducted and because of the fact that the property value estimated at the beginning of the procedure was more than 100 million Euros, and after 12 years it has been reduced to 5,3 million Euros. Even when other parts of the company were being sold, although I had the role of an intervener in the process, I did not manage to get the information of the way in which the money was distributed to the trustees.

According to my information, the Bankruptcy Administration-after the consultations with the Commercial Court, is today preparing realization of the Contract on selling an entity although the offers have not been presented to the Trustee Committee, to other secured creditors and me as the former majority owner of the company. The reason is clear: Matijević Company is ready to pay 1,45 million Euros for the Service Centre, although the findings of the expert show that only the value of the lost profit was 80 million Euros. The company Evrodom from Kać is interested in the old service with the building lot, and there are speculations that the controversial company Galens stands behind the offer. In total, less than 2 million Euros from this selling will enter the bankruptcy estate, and that is not sufficient for settlement of the claims of the main trustee, Credit Agricole Bank. Others, including second and third order secured creditors, The Commercial Bank and Tax Administration cannot account on any compensation. Apart from miserable sales revenue, it is not clear why they have been in such a hurry about monetization when the court has not yet decided about Audits at the Supreme Court of Cassation I filed due to non-compliance with the Contract and damage compensation.

Besides, the procedure was performed under suspicious circumstances because the Bankruptcy Trustee, whose presence was defined in the advertisement, was hospitalized because of Covid, but his assistant Bojan Škrbić gave the following answer to the trustees’ calls: “The offers have been opened, I am going to take the minutes to the Bankruptcy Trustee Nikola Pavlović who is in hospital to accept the offers”. That hurry is the one because of which I am inviting the Prosecutions to investigate the activities relating selling of the property in the last seven days.

I am asking the following questions:

- Will the Bankruptcy Trustee from his hospital bed legally decide to accept the offer to the advertisement from 17 March, having in mind the fact that a large number of trustees have filed justified objections to the very selling procedure?

- What are the reasons for the Bankruptcy Trustee Nikola Pavlović to organize for somebody else to today sign the Contract on selling of ATP Vojvodina property?

I believe that the trustees are going to react as well, in order to protect their demands, because the current price is the one from which only Credit Agricole Bank and nobody else can be paid.

The European Commission has been informed about all the details and processes relating this case where ATP Vojvodina case has been being monitored for many years. These days high officials from the European Commission are predicting temporary closing of other chapter for Serbia, until there has been obvious progress in judiciary, rule of law, human rights and freedoms, i.e. Chapters 23 and 24.


Sincerely Yours,

Investor of ATP Vojvodina, Ilija Dević