Summary

Constitutional review of the Judgment AC-I-13-0045-A0001, of the Appellate Panel of the Special Chamber of the Supreme Court of Kosovo on Privatization Agency Related Matters, of 26 June 2014

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As to the privatization of the Grand Hotel

15. In 2005, as a part of the privatization process, the Kosovo Trust Agency (hereinafter: KT A), initiated a "Special Spin Off" of sales, through privatization, of the facilities of the Grand Hotel in Prishtina.

16. In 2006, following the completion of the bidding process, background checks and the litigation at the Special Chamber, the KTA announced Zelqif Berisha, owner ofthe NTP Unio Commerce (Applicant in Case KI167 / 14) as the winning bidder.

17. On 10 August 2006, the KTA concluded a contract with Zelqif Berisha, owner of the NTP Unio Commerce to sell him the entire share capital of the NewCo Grand Hotel LLC (hereinafter: the Grand Hotel). Consequently, the share capital was transferred in its entirety and the Grand Hotel shares were registered in the Ministry of Trade and Industry in the name of the enterprise NTP Unio Commerce.

18. The contract signed between the KTA and Zelqif Berisha obliged him to meet certain requirements as specified in the Commitment Agreement. These requirements included the obligation to make certain financial investments in the building of the Grand Hotel and to maintain the employment of a certain number of employees within a certain time frame. A failure to meet these obligations could result in the withdrawal of the shares from the Applicant.

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