The Tivat-based firm “Manor Hotels,” owner of the “Casa Manor” hotel, has lodged an appeal with the second-instance commission of the Public Company for Coastal Zone Management. They are contesting the decision that transferred the hotel’s swimming area in Seljanova to “General Invest,” a company based in Podgorica. They argue that this decision is unlawful and that a new valuation process should be undertaken.

“The selection of the most favorable bidder is founded on inaccurate facts and an improper application of substantive law. We recommend that the second-instance body annul or revoke this decision and send the matter back to the first-instance body for a new ruling. This expectation is legitimate, given the overall factual and legal context of our case, aiming to ensure a lawful and correct decision is rendered during the retrial,” the complaint, which “Vijesti” accessed, indicates.

For leasing the 71-meter swimming pool at the “Casa Manor” hotel in Seljanovo, where a 20-square-meter open bar can be installed with a 100-meter terrace, two companies submitted offers: “Manor Hotels” and Podgorica’s “General Invest,” owner of the “Porto Palace” hotel. The initial minimum seasonal rental price was set at 7,365 euros.

According to the Coastal Zone announcement, eligibility to participate in the public invitation was granted to owners or tenants of high-category 4 or 5-star hotels situated in the primary beachfront strip. If such bidders were absent, owners of high-category hotels located no further than 250 meters from the beach’s upper edge were also permitted to participate.

The first-instance commission determined that “Manor Hotels'” offer was not eligible, as “Casa Manor” is located inland, not in the primary beachfront strip. Consequently, their bid was not evaluated. The tender commission ranked “General Invest” first, asserting that their “Porto Palace” hotel is positioned directly in the beachfront strip, hence scoring points based on their offered price and references.

“Manor Hotels” contends that the “General Invest” hotel is also situated over 250 meters from the beach, justifying their demand for the decision to be annulled.

“The nearest point of cadastral plot 120, where the ‘Casa Manor’ hotel sits, is no more than 250 meters from the nearest point of the beach, specifically only 72.92 meters away. Conversely, the nearest point of cadastral plot 553, where the ‘Porto Palace’ hotel is, exceeds 250 meters from the beach, being 271.23 meters away,” states the information provided by ‘Manor Hotels’ to the tender commission.

Based on the facts presented and the cited regulations, they argue that “Manor Hotels” has a legitimate right to participate in the public invitation, while “General Invest” does not.

“It is evident that the first-instance body, the tender commission of JP Morsko dobro, overlooked the issues raised in the notification submitted by ‘Manor Hotels,’ leading to an inaccurate establishment of facts and a failure to apply substantive law properly. Had the tender commission considered the facts from the notification, a decision favoring ‘Manor Hotels’ would have been reached. Therefore, no factual basis existed for applying the provisions of the public invitation, as neither ‘General Invest’ nor ‘Manor Hotels’ has a hotel located in the primary beachfront strip,” concludes the complaint from ‘Manor Hotels.’

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