Commercial Court Judge Marija Adžić is expected to deliver a ruling within a month in the case involving the company “BB Hidro” (BBH) against the state, seeking compensation of 1.65 million euros for damages and lost profits due to the construction of the small hydroelectric power plant (SHP) “Slatina” on the Kolašin River.

This concludes the hearing that took place yesterday at the Commercial Court.

“BBH is pursuing 1.41 million euros for lost profits, 168.51 thousand euros in regular damages, and 79.41 thousand euros as interest based on the expert’s report.”

The BBH company, led by Ivan Burzanović and Blažo Đukanović, the son of former President Milo Đukanović, seeks damages and lost profits from the state, arguing that they were impeded from constructing the SHP “Slatina” despite having received an energy permit under a concession agreement from 2017.

In their lawsuit, BBH requests the court to acknowledge that the concession agreement for the Saltina hydroelectric project has been terminated and to order the state to pay them 1.41 million euros for lost profits, 168.51 thousand euros with accrued interest for regular damages, as well as 79.41 thousand euros for the interest noted in the expert’s report along with various other expenses…

During her concluding remarks, BBH attorney Milja Đuranović urged the court to uphold the lawsuit, while Radomirka Raičević, the deputy protector of the state’s property and legal interests, requested its dismissal as unfounded.

Raičević noted a government conclusion from October of the previous year concerning actions taken regarding renewable energy projects, asserting that it had been repealed due to being published without adequate explanation and a comprehensive review.

Lawyer Ana Đukanović, sister of the former president, emphasized that this reflects the government’s irresponsibility and highlighted the detrimental impact of their decisions on numerous small hydropower projects, favoring BBH. Meanwhile, Raičević refuted these claims, insisting that the government operates responsibly and competently. Đukanović maintained that the government demonstrated irresponsibility in their management of small hydropower plant projects.

Lawyer Đuranović reaffirmed that although the government’s conclusion could be seen as valid, it holds no relevance to the ongoing dispute.

BBH asserts that the state has wronged them by confirming, in 2021, the rejection of their appeal by the Ministry of Ecology, Spatial Planning, and Urbanism (MEPU), which upheld the urban planning and construction inspector’s decision to terminate the construction approval process for the small hydropower plant.

In May 2015, BBH sought technical and urban planning conditions from the then Ministry of Sustainable Development and Tourism to advance their construction of the small hydropower plant. At that time, the ministry, under Branimir Gvozdenović, denied their requests, citing the absence of hydrological studies for the Slatina River and the necessity for a location study. Subsequently, in early 2017, BBH submitted new requests for these conditions, which were ultimately granted.

Duško Marković’s government later resolved to ascertain the public interest regarding the expropriation of land for “Slatina,” mandating the Real Estate Administration to expropriate 600 square meters from local families in Raško – Mioska to facilitate the project’s execution.

BBH applied for construction authority in December 2020, but the inspector halted the application review, citing that they were awaiting resolution of procedural controls regarding the validity of concluded concession contracts for small hydropower plants at the Ministry of Capital Investments.

In May of the following year, MEPU, under Ratko Mitrović, rejected BBH’s appeal, further confirming the inspector’s prior decision. By mid-January 2021, the government led by Zdravko Krivokapić authorized the suspension of the construction approval procedures for small hydropower plants, including “Slatina.”

News