According to Articles 10 and 19 of the Founding Contract of the business association "Association of Independent Electronic Media" (ANEM), seated in Belgrade, 22/XI Makedonska street, in a meeting held on April 18, 1999, the Managing Board of this association has passed the following

DECISION

TO SUSPEND until further notice all membership rights of the social radio-diffusion company "Radio B92", seated in Belgrade, 22/V Makedonska street, in the business association "Association of Independent Electronic Media", seated in Belgrade, 22/XI Makedonska street.

ANEM's Managing Board will pass THE FINAL DECISION on the status of the social radio-diffusion company "Radio B92" in the business association "Association of Independent Electronic Media" after the termination of the war and the executive resolution of the procedure against the social radio-diffusion company "Radio B92" at the Commercial and First Municipal Courts in Belgrade.

THIS DECISION will become effective on the day of its passing.

JUSTIFICATION

A court ruling by the Commercial Court in Belgrade as of April 1, 1999, registry no. V-Fi-2790/99, dismissed Sasa Mirkovic as general manager of the social radio-diffusion company "Radio B92" an ANEM affiliate. The ruling appointed Aleksandar Nikacevic the new general manager of Radio B92. On April 2, 1999 this ruling was forcefully executed and the new general manager was introduced into his duties. Immediately after he was introduced into his duties, the new general manager of the social radio-diffusion company "Radio B92" on April 2, 1999 illegally usurped the business premises of the Business association "ANEM" on the 11th floor of the Dom Omladine building in Belgrade, as well as of the premises ANEM had leased on the 10th and 8th floors of the same building. By doing this, the new general manager of Radio B92 in effect perpetrated the usurpation of property of ANEM's business premises and effectively prevented the association from carrying out its operations. Such behaviour at the hands of the newly-appointed general manager of the social radio-diffusion company "Radio B92", as a member of ANEM, grossly violated the aims of the business association "ANEM" as defined in Article 14 of the Founding Contract of that association, as well as the contractual liabilities of the ANEM affiliates defined in Article 37 of the same contract.

ANEM's Managing Board has taken into consideration the fact that the ruling of the Commercial Court in Belgrade was appealed within the legal deadline and the expert opinion of the ANEM Legal Service that the said ruling was obviously illegal, according to both material law and procedural law. On April 12, 1999, the social radio-diffusion company "Radio B92" resumed its broadcasts. After monitoring Radio B92's output for five days, ANEM's Managing Board has found that the contents of that program are in collision with the aimof the ANEM as described in Article 14 Paragraph 1 Clause 1 of ANEM's Founding Contract. On the grounds of these facts, and in keeping with Article 20 Paragraph 1 Clause 6, as well as with the authorisation as described in Article 10 Paragraph 1 of ANEM's Founding Contract, ANEM's Managing Board has passed the decision as above. Given the fact that the issue of identity of the general manager of the social radio-diffusion company "Radio B92" has not been effectively resolved, and that only the suspension of the membership rights of the social radio-diffusion company "Radio B92" in the ANEM business association can avert any negative consequences for ANEM's future operation that may arise from the illegal ruling of the Commercial Court in Belgrade, ANEM's Managing Board has decided to suspend Radio B92's membership rights until further notice. After the war and the said court procedures have been terminated, ANEM's Managing Board will pass the final decision as to the status of the social radio-diffusion company "Radio B92" in the ANEM business association.

Belgrade
April 18, 1999

Chairman of ANEM's Managing Board

Matic Veran