Published on 2 June 2025
FIRST SECTION
Application no. 16762/24
ATLAS GRUPA against Montenegro
and 5 other applications
(see list appended)
communicated on 13 May 2025
SUBJECT MATTER OF THE CASE
The applications concern an alleged lack of access to court in that the Administrative Court and the Supreme Court refused to examine on the merits the claims of the two applicant companies.
A certain D.K. was the sole founder and the owner of the two applicant companies, which in turn were shareholders of the banks “Invest Banka Montenegro” and “Atlas Banka”.
In December 2018 the two banks were put under temporary administration and temporary administrators were appointed. In January 2019 the Central Bank of Montenegro revoked the licence, opened insolvency proceedings and appointed an insolvency administrator in respect of “Invest Banka Montenegro”. The applicant companies, as well as other legal entities apparently also founded and owned by D.K., and the banks themselves, filed claims against the revocation of the licence and the opening of insolvency proceedings in respect of “Invest Banka Montenegro”, and the introduction of temporary administration of “Atlas Banka”.
Between 10 March and 11 June 2020 the Administrative Court dismissed the claims finding that shareholders did not have standing to dispute decisions relating to the banks, which were separate legal entities, regardless of the percentage of their shares, and regardless of whether they acted separately or all together. It also rejected the claims of the banks as having been submitted by an unauthorised person given that their legal representative had not been authorised to act by a temporary/insolvency administrator.
Between 9 April and 17 September 2020 the Supreme Court upheld these decisions and found in all six cases that only a temporary administrator could appeal against a decision introducing temporary administration.
The applicant companies lodged three constitutional appeals in total complaining, in substance, about a lack of access to court. In the third constitutional appeal they also submitted that the object of their claim had not been the introduction of temporary administration, but the revocation of licence in respect of “Invest Banka Montenegro”.
Between 30 November 2023 and 10 April 2024 the Constitutional Court dismissed the applicant companies’ constitutional appeals. Those decisions were served on the applicant companies between 13 February and 2 July 2024.
The applicant companies complain under Articles 6 and 13 of the Convention about a lack of access to court or any effective domestic remedy.
QUESTIONS TO THE PARTIES
1. Are the applicant companies’ complaints under Article 6 compatible with the provisions of the Convention ratione personae, in view of the ownership structure of the banks and the applicant companies’ share in them (see Ankarcrona v. Sweden (dec.), no. 35178/97, 27 June 2000; see also, mutatis mutandis, Pine Valley Developments Ltd and Others v. Ireland, 29 November 1991, § 42, Series A no. 222; Eugenia Michaelidou Developments Ltd and Michael Tymvios v. Turkey, no. 16163/90, § 21, 31 July 2003; Kin-Stib and Majkić v. Serbia, no. 12312/05, § 74, 20 April 2010; Vujović and Lipa D.O.O. v. Montenegro, no. 18912/15, §§ 28-30, 20 February 2018; and Madžarović and Others v. Montenegro, nos. 54839/17 and 71093/17, §§ 72-73, 5 May 2020)?
2. Was the decision of the domestic courts to dismiss the applicant companies’ claims in breach of Article 6 § 1 of the Convention? In particular, have the applicant companies suffered a violation of their right of access to a court guaranteed by this Article (see Baka v. Hungary [GC], no. 20261/12, § 120, ECHR 2016; see, also, Vujović and Lipa D.O.O., §§ 39-44; and Madžarović and Others, §§ 92, and 94-95, both cited above)?
The parties are invited to inform the Court about the ownership structure of “Invest Banka Montenegro” and “Atlas Banka” in December 2018, that is at the time when temporary administration was introduced for both banks, and to submit the relevant supporting documents in that regard.
The parties are also invited to submit the decision of the Constitutional Court of 30 May 2019, referred to in the decision of the Administrative Court U. broj 361/19 of 10 March 2020.
APPENDIX
No.
Application no.
Case name
Lodged on
Applicant’s name
Year and Place of Registration
Representative
1.
16762/24
Atlas Grupa v. Montenegro
11/06/2024
ATLAS GRUPA
2002
Podgorica
Milovan MILOŠEVIĆ
2.
16768/24
Atlas Invest v. Montenegro
11/06/2024
ATLAS INVEST
2022
Podgorica
Milovan MILOŠEVIĆ
3.
22272/24
Atlas Grupa v. Montenegro
24/07/2024
ATLAS GRUPA
2002
Podgorica
Milovan MILOŠEVIĆ
4.
22274/24
Atlas Invest v. Montenegro
24/07/2024
ATLAS INVEST
2022
Podgorica
Milovan MILOŠEVIĆ
5.
32493/24
Atlas Invest v. Montenegro
04/11/2024
ATLAS INVEST
2022
Podgorica
Milovan MILOŠEVIĆ
6.
32637/24
Atlas Grupa v. Montenegro
01/11/2024
ATLAS GRUPA
2002
Podgorica
Milovan MILOŠEVIĆ