advokatska kancelarija – law offices – despacho de abogados

ZIVKOVIC & SAMARDZIC

Beograd, Kralja Milutina 37, Tel/Fax: (+381 11) 32 33 185, 688 776

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FIRST MUNICIPAL COURT IN BELGRADE

Belgrade

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PLAINTIFFS: SAŠA MIRKOVIC, based in Belgrade, and
THE STAFF ASSEMBLY OF THE SOCIAL RADIO-DIFFUSION COMPANY RADIO B92, based in Belgrade, represented by Nebojša Samardžić and Branislav Živković, attorneys at law based in Belgrade, 37, Kralja Milutina street

ACCUSED: BELGRADE YOUTH COUNCIL, based in Belgrade, 22 Makedonska street, represented by Vladan Zagrađanin, based in Belgrade.

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ACTION

WITH A MOTION TO PASS PROVISIONAL MEASURE

With the aim of annulment of a company document

 

 

On March 31 1999, without authority to do so, the accused adopted general and individual documents on behalf of the social radio-diffusion company "Radio B92", based in Belgrade, 22 Makedonska street. These documents included the Company Constitution, Decree to Appoint Dragoljub Kocovic Chairman of the Managing Board, Decree to Dismiss Sasa Mirkovic as General Manager of the Company and Decree to Appoint Aleksandar Nikacevic General Manager of the Company.

Evidence: Review of the file no. V-Fi-2790/99 at the Belgrade Commercial Court
If necessary, testimony of Dragoljub Kočovic, based in Belgrade (summons to be delivered via the accused's address)

 

On the grounds of the cited document which the accused has adopted without authority, the accused got the Belgrade Commercial Court to pass decision to delete the plaintiff as the general manager of the social radio-diffusion company "Radio B92" based in Belgrade and to enter Aleksandar Nikacevic as general manager of the company in his stead.

Evidence: Review of the file no. V-Fi-2790/99 at the Belgrade Commercial Court

The said decision by the Belgrade Commercial Court

The accused adopted the said documents without authority to do so, as the accused holds no relation to the social radio-diffusion company "Radio B92" based in Belgrade. Moreover, the Company Constitution of Radio B92 clearly provides that decrees and documents whose annulment is hereby sought can be adopted and/or changed only by the Staff Assembly of Radio B92.

Evidence: The Constitution of the social radio-diffusion company "Radio B92" based in Belgrade

If necessary, review of the set of documents of the social radio-diffusion company "Radio B92" reg. no. 1-13979-00 at the Belgrade Commercial Court

On the grounds of the above arguments and evidence, the accused has adopted the general and individual documents without authority to do so and we therefore motion the court to hold a hearing, examine the evidence and pass the following

VERDICT

 

 

I The company constitution of the social radio-diffusion company "Radio B92" passed on March 31 1999 at the hands of the accused, BELGRADE YOUTH COUNCIL, based in Belgrade, SHALL BE ANNULLED, as it was passed by an unauthorised entity.

II The decree to appoint managing board of the social radio-diffusion company "Radio B92" passed on March 31, 1999 at the hands of the accused, BELGRADE YOUTH COUNCIL, based in Belgrade, SHALL BE ANNULLED, as it was passed by an unauthorised entity.

III The decree to appoint Dragoljub Kocovic Chairman of the Managing Board of the social radio-diffusion company "Radio B92" passed on March 31 1999 at the hands of the accused, BELGRADE YOUTH COUNCIL, based in Belgrade, SHALL BE ANNULLED, as it was passed by an unauthorised entity.

IV The decree to dismiss Sasa Mirkovic as general manager of the social radio-diffusion company "Radio B92" passed on March 31 1999 at the hands of the Managing Board of the social radio-diffusion company "Radio B92", which was set up according to the decree of the accused, BELGRADE YOUTH COUNCIL, based in Belgrade, SHALL BE ANNULLED, as it was passed by an unauthorised entity.

V The decree to enter Aleksandar Nikacevic as general manager of the social radio-diffusion company "Radio B92", passed on March 31 1999 at the hands of Managing Board of the social radio-diffusion company "Radio B92", which was set up according to a decree of the accused, BELGRADE YOUTH COUNCIL, based in Belgrade, SHALL BE ANNULLED, as it was passed by an unauthorised entity.

V The accused SHALL BE OBLIGED to restore the costs the plaintiffs incurred over this trial.

 

As the accused's action has caused irreparable damage to the plaintiffs, the court is motioned to pass immediately, without hearing, the following

 

PROVISIONAL MEASURE

 

 

I The Constitution of the Social Radio-Diffusion Company "Radio B92" as of March 31 1999 adopted at the hands of the accused, BELGRADE YOUTH COUNCIL, based in Belgrade, IS SUSPENDED, as are all individual documents passed on the grounds of that constitution, until the final resolution of this trial.

II Appeal against this verdict shall not defer its execution.

 

In Belgrade, June 10 1999

 

On behalf of the plaintiffs,

Nebojša Samardzic

Attorney at law