CASE OF MONTEMLIN ŠAJO v. MONTENEGRO
Violation of Article 6 - Right to a fair trial (Article 6 - Civil proceedings;Article 6-1 - Reasonable time)
Jon Fridrik Kjølbro;Ledi Bianku;Nebojša Vučinić
4. The applicant company is a privately owned company registered in Danilovgrad, Montenegro. 5. In July 2004 a call for tender for hotel “Otrant” in Montenegro was issued. The deadline for submitting bids was October 2004. Together with three other companies, the applicant company took part in the tendering process. On 30 November 2004, however, it was informed that the tender was awarded to another bidder. 6. On an unspecified date in December 2004, the applicant company objected to this decision. On 29 December 2004 the Commercial Court in Podgorica (Privredni sud u Podgorici) rejected the applicant company’s objection. 7. On 28 January 2006 the Court of Appeal quashed this decision and remitted the case to the first instance. 8. On 15 June 2006 the Commercial Court ruled against the applicant company. This decision was served on the applicant company on 8 September 2009. 9. On 26 March 2010 the Court of Appeal upheld the decision of the Commercial Court. The decision of the Court of Appeal was served on the applicant company’s lawyer on 27 April 2010. 10. On 15 July 2010 the applicant company lodged an initiative urging the Supreme Public Prosecutor’s Office (Vrhovno državno tužilaštvo) to file a request for the protection of legality (zahtjev za zaštitu zakonitosti), but this motion was rejected on 21 July 2010. 11. On 30 July 2010 the applicant company lodged a constitutional appeal. On 14 October 2010 the Constitutional Court rejected this appeal as having been lodged out of time.