Case Law of Montenegro

Judgment

Second-instance civil cases

Compensation for damages based on suspended pension

Result:Partly granted·Modified

Subject of review:Law on obligations: Art. 154, 158Law on pension and disability insurance: Art. 112: Art. 1

Decision under review:P.br.3165/19

Judgment

Revision

Annulment of the decision on termination of employment

Result:Rejected·Left unchanged

Subject of review:: Art. 139

Decision under review:Gž.br.975/20

Judgment

Second-instance civil cases

Determination of property rights

Result:Rejected·Left unchanged

Decision under review:P.br.1400/19

Judgment

Revision

Damages for discrimination in employment

Result:Rejected·Left unchanged

Subject of review:Labour law: Art. 25

Decision under review:Gž. br. 442/20

Judgment

Revision

Compensation for damages from employment

Result:Rejected·Left unchanged

Subject of review:Law on civil procedure: Art. 401, 367Law on obligations: Art. 148, 149, 152, 192

Decision under review:Gž.br.2072/19

Judgment

Second-instance civil cases

Unjust enrichment

Result:Rejected·Left unchanged

Subject of review:Law on obligations: Art. 217: Art. 47

Decision under review:P.br.13/20-19

Judgment

Second-instance civil cases

Determination of violation of the forced share

Result:Rejected·Left unchanged

Decision under review:P.br.2733/16

Human Rights·General Human Rights and Freedoms

Judgment

Revision

Payment of debt based on a legal assistance services agreement

Result:Rejected·Left unchanged

Subject of review:Law on civil procedure: Art. 401, 367, 389Law on obligations: Art. 95, 96, 97

Decision under review:Gž. br. 3169/19

Judgment

Second-instance civil cases

Determination of nullity of a mutual cooperation agreement

Result:Rejected·Left unchanged

Subject of review:Law on civil procedure: Art. 367: Art. 8: Art. 8

Decision under review:P. br.1104/19

Judgment

Second-instance civil cases

Compensation for de facto expropriated land

Result:Rejected·Left unchanged

Subject of review:: Art. 217, 208Law on obligations: Art. 380

Decision under review:P.br.377/20

Judgment

Second-instance civil cases

Payment of debt based on a loan

Result:Rejected·Left unchanged

Subject of review:Law on civil procedure: Art. 379, 396Law on obligations: Art. 557, 558, 562

Decision under review:P.br.1440/17/17

Development, Spatial Planning and Housing·Utilities and Housing

Judgment

Second-instance civil cases

Determination of co-ownership rights

Result:Rejected·Left unchanged

Subject of review:Law on civil procedure: Art. 367

Decision under review:P.1252/14-13

Ruling

Second-instance civil cases

Payment of debt for residential building maintenance costs

Result:Rejected·Left unchanged

Subject of review:Law on civil procedure: Art. 367, 396, 3Law on maintenance of residential buildings: Art. 16Law on enforcement and security: Art. 18

Decision under review:Mal.br.387/2019

Public Administration·State Administration

Judgment

Extraordinary review of a court decision in an administrative dispute

Issuance of an act in execution of a judgment of the Administrative Court

Result:Rejected·Left unchanged

Subject of review:Law on administrative disputes: Art. 56, 57

Decision under review:U.br.5524/19

Judgment

Second-instance civil cases

Annulment of the decision on the distribution of apartments

Result:Partly granted·Set aside

Subject of review:Law on civil procedure: Art. 188

Decision under review:P.br.714/19

Judgment

Second-instance civil cases

Determination of co-ownership rights to an apartment

Result:Rejected·Left unchanged

Subject of review:: Art. 59Law on civil procedure: Art. 367

Decision under review:P.br.7622/16

Ruling

Second-instance civil cases

Contesting debtor's legal actions

Result:Rejected·Left unchanged

Subject of review:Law on civil procedure: Art. 156

Decision under review:P.br. 659/17

Judgment

Second-instance civil cases

Compensation for unlawfully seized land (de facto expropriation)

Result:Partly granted·Set aside

Subject of review:: Art. 16, 71

Decision under review:P.596/18/13

Judgment

Second-instance civil cases

Damages

Result:Rejected·Left unchanged

Decision under review:P.br. 5995/18