9. 1. 2015
On 8 January 2015 Telekom Slovenije, d.d., Cigaletova 15, Ljubljana, received a judgement and a decree from the Higher Court in Ljubljana, ref. no. I Cpg 1407/2012, issued on 3 December 2014 in the economic dispute of the plaintiff SKY NET, d.o.o. against Telekom Slovenije, d.d. for the payment of EUR 25,959,896.34 EUR with all dues.
The court also decided on the plaintiff's and defendant’s appeals against the partial and interim judgement of the District Court in Ljubljana under ref. no. VIII Pg 890/2007-88 from 19 April 2012 and on the plaintiff's appeal against the decree by the District Court in Ljubljana from 19 April 2012 with ref. no. VIII Pg 890/2007.
In the received judgement the Higher Court:
Rejected the plaintiff's appeal against item I. of the pronouncement in first instance ruling in which the court of first instance rejected the claim towards the defendant for the payment of EUR 9,363,951.25 with default interests in arrears;
Dismissed the plaintiff's appeal against item II. of the pronouncement in which the court of first instance upheld the plaintiff’s claim and ruled that the claim for the payment of EUR 16,595,944.09 is justified due to the fact that the plaintiff had no legal grounds; and
Upheld the defendants appeal against item II. of the pronouncement in first instance ruling and fully rejected the plaintiff’s claim for the payment of EUR 16,595,944.09 EUR with default interests in arrears. In this part the court decision is final.
The Higher Court in Ljubljana withheld the decision on the costs of the appeal until final decision. Since first degree court has not yet ruled on the subordinate claim regarding the fulfilment of the agreement (the order for the construction of 414 base stations and preparation of the documentation for 434 base stations), the court will decide on the matter in a renewed proceeding.
The Higher Court rejected by decree the plaintiff's appeal against the first instance court decree on the rejection of a proposal for issuing a temporary order.