FIRST MUNICIPAL COURT IN BELGRADE

Belgrade

 

Plaintiff: THE ASSOCIATION OF INDEPENDENT ELECTRONIC MEDIA from Belgrade, Makedonska 22/XI, represented by Mr. Branislav Zivkovic and Mr. Nebojša Samardzic, attorneys from Belgrade, Kralja Milutina 37

The Accused: Mr. ALEKSANDAR NIKACEVIC from Belgrade and

Mr. VLADA ZAGRADJANIN from Belgrade, Omladinski savet Beograda (Youth Council of Belgrade), Makedonska 22/IV.

COMPLAINT

WITH THE REQUEST TO PASS TEMPORARY MEASURES

on grounds of violating possession

 

  1. The Plaintiff is a business association from Belgrade, Makedonska 22/XI, and on the basis of the tenancy agreement uses as its premises the office utilities on the 10th and 11th floor of the "Dom omladine" building in Belgrade, Makedonska 22.

    2. Evidence: Registration document. Tenancy agreement.

  2. The Accused have in the morning hours of April 2, 1999 and without authorisation entered the premises of the Plaintiff and sealed them off, removed the keys to the premises and a round shaped seal of the Plaintiff, and then prevented the employees as well as individuals authorised by the Plaintiff access to the abovementioned premises; they have also prevented access to all movable property, office and other technical equipment of the Plaintiff, thus violating the possession of the Plaintiff.

    3. Evidence: Hearing of the Accused. Hearing of the President of the Plaintiff. Investigation.

  3. As the accused have in a manner described violated the possession of the Plaintiff, it is requested that the court after inspecting evidence and following the main court hearing, passes the following

 

DECISION

 

IT IS CONFIRMED that the Accused Mr. ALEKSANDAR NIKACEVIC and Mr. VLADA ZAGRADJANIN from Belgrade, have committed violation of possession of the Plaintiff BUSINESS ASSOCIATION OF INDEPENDENT ELECTRONIC MEDIA from Belgrade, Makedonska 22/XI, as they have on April 2, 1999 without authorisation and without the Plaintiff's approval, sealed off the business premises of the Plaintiff on the 10th and 11th floor of the "Dom omladine" building in Belgrade, Makedonska 22; the Accused have then kept the keys to the premises, preventing the access of the Plaintiff, the employees and authorised personnel to these premises and all movable property found in the premises.

THE COURT ORDERS the Accused to, under the threat of enforcement by the court, re-establish the previous condition of the premises, in such a way as to enable the Plaintiff free access to the premises on the 10th and 11th floor of the "Dom omladine" building in Belgrade, Makedonska 22 and hand them over to the Plaintiff for possession and free handling.

THE COURT ORDERS the Accused to, under the threat of financial penalty, in the future abstain from such and similar violations.

THE Accused are OBLIGED to compensate the costs of this court procedure to the Plaintiff, according to the court order.

As the Plaintiff was, by this violation, prevented from carrying out its business affairs, which caused the Plaintiff irreparable damage, and as the Plaintiff is not in possession of its basic documents, including the seal that could be abused, it is requested that the court IMMEDIATELY, OUT OF COURT, according to the official obligation, passes a

 

TEMPORARY MEASURE

 

The Accused Mr. Aleksandar Nikacevic and Mr. Vlada Zagradjanin from Belgrade are ordered to IMMEDIATELY, under threat of forced carrying out of the court decision, hand over to the Plaintiff and place in the hands of the authorised representative of the Plaintiff, president of the Business Association Mr. Veran Matic from Belgrade, the round shaped seal of the Plaintiff and the round shaped seal with the inscription Business Association of Independent Electronic Media "ANEM" Belgrade.

The Accused Mr. Aleksandar Nikacevic and Mr. Vlada Zagradjanin from Belgrade are ordered to IMMEDIATELY, under threat of court enforcement, hand over to the Plaintiff and authorised representative of the Plaintiff, president Mr. Veran Matic from Belgrade, keys to the entrance doors to the premises on the 10th and 11th floor of the "Dom omladine" building in Belgrade, Makedonska 22.

Belgrade, April 5, 1999-04-16

 

Authorised representative,

Nebojša Samardzic

Attorney

Belgrade, Kralja Milutina 37