<nettime> HIGHER COMMERCIAL COURT DISMISSES B92 APPEAL

[Maurice Wessling <maurice@xs4all.nl>]

ANEM and Radio B2-92 press release

HIGHER COMMERCIAL COURT DISMISSES B92 APPEAL

BELGRADE, August 16 -- The Higher Commercial Court in Belgrade has
dismissed an appeal by former Radio B92 General Manager Sasa Mirkovic
against a decision by the Commercial Court appointing Aleksandar Nikacevic
general manager of the station. 

The court ruled on August 3 that the decision to register Aleksandar
Nikacevic as general manager was done in keeping with the law and the new
constitution of Radio B92 adopted by the Youth Council of Belgrade. 

ANEM and B2-92 protest strongly against the decision of the Higher
Commercial Court to support the earlier ruling, which was blatantly
illegal.  The justification for the decision demonstrates the court's
refusal to address the basic legal issue, which is whether the new
constitution, passed illegally and secretly by the Youth Council without
the knowledge of the Radio B92 staff, could serve as valid grounds to
replace Sasa Mirkovic with Aleksandar Nikacevic as general manager of
Radio B92. 

The court is legally obliged to consider this legal issue.  Had it done so
it would have been clear that the ruling on replacing the general manager
was illegal.  Thus, by failing to determine whether the constitution had
been adopted by a competent body and in a legitimate procedure, the court
has handed down an invalid decision. 

ANEM and B2-92 will continue their legitimate efforts to regain control
over the company which had been built over the past decade.  ANEM will
lodge a motion to protect legality against the decision of the Higher
Commercial Court.  Proceedings are already under way to annul the Company
Constitution of Radio B92, which was adopted illegally by the Youth
Council, and the decision made according to it. 

The authentic staff of Radio B92 have expressed their deep disappointment
with the workings of the judiciary in dealing with the take-over of the
radio and have pledged to continue every available form of struggle to
regain control of the radio rather than permit the usurping management to
reap the benefits of their work.  The staff are confident that the
judiciary will sooner or later be forced to confirm the obvious: that
Radio B92 was illegally seized from its staff who are its rightful owners
and to whom it must eventually be returned. 


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