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Constitutional Court of Montenegro Rules in Favour of Client’s Right to Freedom of Movement in Fifth Consecutive Decision

Sector: Constitutional law; International law; Human Rights; EU Law

Practice Area: Dispute Resolution; White-Collar Crime

The Constitutional Court of Montenegro issued its fifth consecutive ruling in favour of our client, affirming that the prolonged restrictions on their freedom of movement imposed by the High Court of Podgorica were arbitrary and disproportionate. This ongoing legal battle stems from the client’s involvement in a high-profile white-collar case before the High Court in Podgorica, where restrictive measures have been imposed for over two years.

Our firm has consistently challenged these measures, filing more than ten Constitutional Appeals, arguing that they violate both the European Convention on Human Rights (ECHR) and the Constitution of Montenegro. Specifically, we have highlighted breaches of Article 2 of Protocol No. 4 of the ECHR and Article 39 of the Montenegrin Constitution, both of which safeguard the right to freedom of movement.

The Constitutional Court has upheld our position in every ruling, determining that the decisions by the High Court of Podgorica infringe on our client’s fundamental rights. Despite the High Court’s continued non-compliance with the Constitutional Court’s decisions, the Court has reiterated that its rulings are binding on all state authorities, underscoring the obligation to respect and enforce them.

Successful conclusion of a 100m+ TMT sector commercial dispute

Sector: Telecommunications

Practice Area: Dispute Resolution; Commercial Litigation

The firm represented a leading telecommunication sector company facing an EUR 100m+ commercial lawsuit related to infrastructure ownership rights and various claims revolving around the construction of certain networks.

Following six years of intense litigation that dealt with complex and untested legal matters concerning legal ownership, lease rights and other use rights over key infrastructure network assets, the proceedings were favourably concluded.

Full acquittals in related misdemeanour proceedings initiated against a leading international betting company

Sector: Regulatory; Administrative

Practice Area: Dispute Resolution; Regulatory

The firm successfully represented a leading international sports betting company in two misdemeanour proceedings aggressively targeting the company for allegedly breaching distance limits. 

The firm successfully rebutted the aggressive and unfounded allegations of the authorities and achieved a full acquittal for the client.

Favourable settlement and non-prosecution decision in a cross-border regulatory and tax investigation involving a major multinational enterprise

Sector: Technology

Practice Area: White-collar; Regulatory; Tax; International

Together with leading local firms in each jurisdiction involved, the firm acted for a major client with respect to a multidepartmental investigation initiated in a CSEE country against a major multinational enterprise.

For a period of two years, the firm supported the client and coordinated the multijurisdictional legal team on various aspects of the case. 

Following multiple submissions, forensic analysis, internal and external investigative work by advisors, and negotiations with the authorities, the client obtained a favourable settlement and non-prosecution decision in relation to the entire case.

The firm advises on a cross-border IP development transaction in the energy sector involving foreign law aspects

Sector: Energy; Technology

Practice Area: Commercial Contracts; IP; Common Law Desk

The firm’s attorneys advised a leading technology service provider focused on the energy sector in a joint development agreement with a major international electrical equipment and solutions provider.

The firm advised on the joint development agreement, cross-border IP aspects, and other related aspects of the transaction which involved several applicable laws. The firm’s common law qualified attorneys provided support on the transaction.

The firm advises two Dutch holding companies and supports a leading Dutch counsel in a 1+billion EUR order for interim measures in the Dutch courts

Sector: Conglomerates

Practice Area: Dispute Resolution; Commercial Litigation; International

The firm’s attorneys assisted a leading Dutch firm and its two clients in a publicized set of proceedings arising from a state intervention and subsequent restructuring of a major conglomerate. 

The clients successfully obtained a 1+billion EUR attachment order from the Dutch courts, attaching on the relevant assets of the numerous defendants.

Following this, the firm assisted the clients and the Dutch firm in preventing a multimillion EUR payment by one of the defendant entities and receiving a favourable judgment recognizing the freezing of the sums to the benefit of the claimants.

The underlying lawsuits continue in the Dutch courts, with the case valued at 2.8 billion EUR without interest.

GDPR Violations and AI – The firm obtains pioneering interim measures against parties abusing AI

Sector: AI; Media & Social Networks

Practice Area: Private Client; Dispute Resolution; GDPR & Privacy law

In two separate but subject matter-related lawsuits initiated on behalf of two high-profile clients, the firm obtained favourable decisions of the court imposing interim injunctions on the defendants.

In widely publicized proceedings involving a TV station with a state frequency, the firm filed two separate claims against the station and its shareholder for creating and later broadcasting a “deepfake” which unlawfully processed the clients’ personal data.

The High Court in Belgrade, facing with a novel issue and a need to set a precedent on abuse of personal information, accepted the firm’s arguments and imposed interim measures against the defendants prohibiting: further broadcasting of the materials, reproduction of the broadcast, broadcasting it as part of a report, commentary, as an announcement, or in any other way making it available again in a TV program or on social networks or on any other means or platform that is publicly available to a large audience.

The final judgment in the cases will be issued following the completion of the trial.

Successful dismissal of a long-running complex investigation involving allegations of abuses in the media sector and involving state-backed companies

Sector: TMT; Public enterprises

Practice Area: White collar

The firm acted for multiple defendants, including a market-leading media & marketing company in a high-profile criminal investigation focused on allegations of abuses of position related to a state-backed television channel. 

The case concerned complex underlying issues of contract, as well as forensic finance. The investigation was handled by the Public Prosecution for Organized Crime.

In an investigation spanning 4 years the defence focused on getting the case dismissed without proceeding to trial. The firm successfully brought forward evidence countering the allegations and, following a detailed forensic report indicating that no underlying damage occurred as a result of any alleged actions, a full dismissal of the investigation in relation to all its clients in the case was achieved. 

Successful dismissal of criminal investigation concerning alleged environmental pollution

Sector: Environmental; Transportation

Practice Area: White-collar; Environmental crimes

The firm successfully represented a client accused of general endangerment and environmental pollution with respect to the activities of a legal entity in the transportation sector. The case concerned complex environmental protection and health issues. After thorough investigation being conducted by the Basic Prosecutor’s Office, the firm successfully challenged the prosecution’s allegations and adducted evidence which  led to a successful dismissal of the investigation.

Praksa zima 2024

Advokatska kancelarija Tomanović organizuje prakse za studente master studija, za apsolvente i za studente četvrte godine osnovnih studija.

  • Prakse će biti organizovane u vremenskom periodu od 30.09.2024. do 20.12.2024. godine
  • Svaka praksa traje 4 (četiri) radne nedelje
  • Potrebno je da studenti izaberu 4 (četiri) radne nedelje tokom kojih žele da obavljaju praksu a u okviru navedenog vremenskog perioda

Prakse će se obavljati u prostorijama advokatske kancelarije Tomanović, ul. Serdar Jola br.21, tokom radnog vremena kancelarije.

Praksa obuhvata aktivan rad i upoznavanje sa svim aspektima pružanja advokatskih usluga.

Prijave se podnose putem e-maila na karijere@tomanovic.rs uz CV sa prosekom ostvarenim tokom studija i to najkasnije do 20.09.2024. godine. Za termin u novembru/decembru studenti mogu prijave podneti i po isteku ovog roka, a najkasnije do 10.10.2024.godine.

Odluke o primljenim studentima za termine koji počinju u oktobru mesecu biće saopštene 25.09.2024. godine.

Prednost imaju studenti koji do sada nisu pohađali praksu u advokatskoj kancelariji Tomanović.

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