SELF-REPRESENTATION GUIDE FOR MICRO, SMALL AND MEDIUM-SIZED ENTERPRISES IN FEDERATION OF BOSNIA AND HERZEGOVINA PUBLISHER: Association for Democratic Initiatives (ADI) Sarajevo DESIGN AND DTP: Feđa Kulenović PRINTING: PRINT-LINE d.o.o. Sarajevo NUMBER OF COPIES: 50 SELF-REPRESENTATION GUIDE FOR MICRO, SMALL AND MEDIUM-SIZED ENTERPRISES IN FEDERATION OF BOSNIA AND HERZEGOVINA December 2019 Please note that this Guide cannot replace a legal advice of qualified experts, but only provides an overview of basic information of individual stages of court proceeding. The Guide neither provides full information on every particular procedure or institution mentioned in it nor does it refer to all possible situations that can arise in a particular court procedure. Legal aid You can seek legal advice in matters related to the procedural actions mentioned in the Guide from: Association of Employers of the Federation of Bosnia and Herzegovina (UPFBiH) Address: Mula Mustafe Bašeskije 12/3, Sarajevo Webpage: www.upfbih.ba Phone: +387 (33) 264-830 Facsimile: +387 (33) 552-461 E-mail: info@upfbih.ba 5 © 2019 The World Bank 1818 H Street NW, Washington DC 20433 Telephone: 202-473-1000; Internet: www.worldbank.org Some rights reserved This work is a product of the staff of The World Bank. The findings, interpretations, and conclusions expressed in this work do not necessarily reflect the views of the Executive Directors of The World Bank or the governments they represent. The World Bank does not guarantee the accuracy of the data included in this work. The boundaries, colors, denominations, and other information shown on any map in this work do not imply any judgment on the part of The World Bank concerning the legal status of any territory or the endorsement or acceptance of such boundaries. Rights and Permissions The material in this work is subject to copyright. Because the World Bank encourages dissemination of its knowledge, this work may be reproduced, in whole or in part, for noncommercial purposes as long as full attribution to this work is given. Attribution—Please cite the work as follows: “World Bank. (2019). (Self-Representation Guide for Micro, Small and Medium-Sized Enterprises in Federation of Bosnia and Herzegovina) © World Bank.” All queries on rights and licenses, including subsidiary rights, should be addressed to World Bank Publications, The World Bank Group, 1818 H Street NW, Washington, DC 20433, USA; fax: 202-522-2625; e- mail: pubrights@ worldbank.org. This material has been funded by UK aid from the UK government; however the views expressed do not necessarily reflect the UK government’s official policies. 6 TABLE OF CONTENTS FOREWORD...............................................................................................................11 ACKNOWLEDGMENTS ..............................................................................................13 ACRONYMS ...............................................................................................................14 I ABOUT SELF-REPRESENTATION ..............................................................................16 II THE COURSE OF A LITIGATION PROCEDURE IN THE FEDERATION OF BOSNIA AND HERZEGOVINA ..............................................................................................18 III COURTS IN FEDERATION OF BOSNIA AND HERZEGOVINA.................................21 3.1. What court should I address in case of a dispute? ..................................................... 21 3.2. What are the court fees for individual actions during the proceeding? ................... 22 IV PLAINTIFF – I WANT TO FILE A LAWSUIT: WHAT SHOULD I KNOW IN ADVANCE? ............................................................................................................25 4.1. Filing lawsuit ..................................................................................................................... 25 4.1.1. Basic elements of a lawsuit...................................................................................... 25 4.1.2. How to formulate the claim? ................................................................................... 29 4.1.3. How to precisely define the claim? ....................................................................... 29 4.1.4. Basic steps to file a lawsuit ..................................................................................... 30 4.2. How can I secure my claims? ......................................................................................... 31 V I AM BEING SUED – WHAT DO I NEED TO KNOW? ................................................34 5.1. What to do when you receive a lawsuit? ...................................................................... 34 5.1.1. How to write a response to the lawsuit? ............................................................... 35 5.1.2. Elements of a response to a lawsuit ....................................................................... 35 5.1.3. What objections I may/must state in the response to the lawsuit? .................... 35 5.1.4. What to ask from the court? ................................................................................... 37 5.2. Submitting response to the lawsuit ............................................................................... 37 7 5.3. What can I do if the plaintiff requested interim measures?....................................... 40 VI COURT HEARINGS ................................................................................................42 6.1. How to prepare the presentation, what to bring to court, where is the courtroom?42 6.1.1. What if I fail to appear to the preparatory hearing? ............................................. 42 6.1.2. What is the course of a preparatory hearing? ...................................................... 43 6.1.3. What happens at the main hearing, what is the course of the main hearing? . 45 6.2. Judgment ......................................................................................................................... 47 VII POTENTIAL SCENARIOS AFTER THE JUDGMENT IS RENDERED ........................49 7.1. How to file an appeal to the second-instance court? ................................................ 49 7.2. Do I have to file a response to the appeal and what should a response contain? .. 52 VIII WHAT HAPPENS IF I MISS THE DEADLINE DURING THE PROCEEDING? ...........54 8.1. Filing a motion for the return to status quo ante ......................................................... 54 8.2. What decision can the court make? .............................................................................. 55 8.3. Can I file an appeal and to which court?....................................................................... 56 IX LIQUIDATION PROCEEDING BASICS ...................................................................58 9.1. How is the liquidation procedure initiated? ................................................................ 58 9.2. What documents must accompany the petition to open liquidation? ..................... 58 9.3. Who can be a liquidator? ............................................................................................... 61 9.4. How to represent yourself in court? .............................................................................. 61 9.5. What is the course of the proceeding in terms of procedure? .................................. 61 9.6. Removal of the company from the register – end of liquidation .............................. 62 X BANKRUPTCY PROCEEDING BASICS .....................................................................64 10.1. How is bankruptcy procedure initiated? .................................................................... 64 10.2. What documents must be submitted together with the petition to open the bankruptcy proceedings? ...................................................................................................... 64 10.3. Filing of the claim, what is it and what are its elements? .......................................... 65 8 10.4. How will the bankruptcy trustee be appointed?.................................................................................. 67 10.5. What is claim payment priority? .................................................................................. 67 10.6. Conclusion of the bankruptcy proceeding ................................................................ 68 XI ENFORCEMENT PROCEDURE BASICS ..................................................................72 11.1. How is enforcement procedure initiated and what are the elements of the motion for enforcement?.............................................................................................. 72 11.2. Who can initiate the enforcement procedure? .......................................................... 74 11.3. What is enforcement decision and what are the elements of the decision? ........ 75 11.4. Legal remedies: Complaint and Appeal?................................................................... 75 11.5. How to efficiently collect a claim? .............................................................................. 76 XII ALTERNATIVE DISPUTE RESOLUTION.................................................................. 80 12.1. Mediation – basic characteristics ................................................................................. 80 12.2. Arbitration – basic characteristics ............................................................................... 82 XIII BASIC TERMS OF LITIGATION PROCEDURE ....................................................... 85 ANNEX I Links to the laws on court fees, calculators of court fees and costs of proceeding ................................................................................................................92 ANNEX II Contact details of courts and organizations or institutions that can provide additional referrals ................................................................................................... 98 9 FOREWORD This Self-Representation Guide for Micro, Small and Medium-Sized Enterprises in the Federation of Bosnia and Herzegovina (the Guide) is produced under the Bosnia and Herzegovina (BiH) Commercial Justice Technical Assistance Project (Project) implemented by the World Bank and funded with UK aid from the UK Government. The objective of the Project is to support justice institutions in implementing reforms that improve efficiency and access to commercial justice in BiH, building on the recommendations of the UK- funded 2016 Feasibility Study on Improving Commercial Case Management in the Federation of Bosnia and Herzegovina (FBiH). The Project is part of a broader World Bank initiative to raise awareness of reform opportunities and inform policy dialogue on the efficiency, quality, and access to justice across countries in the Western Balkans, with a view to improve the performance of justice systems in these countries. The Project comprises five components, as follows: (1) strengthening commercial departments and commercial courts in the Federation of Bosnia and Herzegovina (FBiH) and the Republika Srpska (RS), respectively, through analysis of caseloads and workloads, and providing recommendations to re-engineer processes, reduce backlog and strengthen court management; (2) fast-tracking small claims, based on results of comparative legal analysis of civil procedure in BiH and in several countries of the European Union; (3) increasing access to justice for Micro, Small and Medium-Sized Enterprises (MSMEs) through developing guides to increase legal literacy among firms; (4) capacity building through developing and implementing peer-led counseling and supplementary training for commercial judges; and (5) implementing procedural reforms to close loopholes and reduce bottlenecks in case processing through proposals for legislative amendments. This Guide is delivered under Project Component 3 - Increasing Access to Justice for MSMEs. Its purpose is to help the MSMEs in the FBiH to better understand court processes and gain basic knowledge necessary for self-representation at courts. The Guide provides answers to questions the MSMEs might have before deciding whether to litigate. The Guide is designed for MSMEs in the FBiH which do not possess formal knowledge in this area. A Guide of identical scope, structure and contents has been produced for MSMEs in the RS, reflecting specific features of the RS legal system and relevant regulation. 11 The contents of the Guide and the topics addressed were defined based on broad consultations with representatives of business and legal community and the needs of the larger target audience. The Guide does not address all topics that might be of interest to some MSMEs, such as international litigations, labour disputes or administrative cases. These will be reconsidered during the process of revision of the Guide which will take place in 2020. The Guide uses a simple legal language and is written in a colloquial style, addressing directly a businessperson that considers using of court services. The first three chapters of the Guide introduce the notion of self-representation at courts and provide overview of the litigation procedure and organisation of the court system in the FBiH. Chapters IV-VII explain the rules of litigation step-by-step, providing guidelines for filing and responding to a lawsuit, preparing and participating at court hearings and filing an appeal. Chapters IX and X provide overview of special procedures that are important for businesses, such as liquidation and the bankruptcy procedure. Chapter XI explains the enforcement procedure, since implementation of judicial decisions is critical part of the judicial procedure. Finally, Chapter XII gives information on alternative dispute resolution methods, including characteristics, advantages and disadvantages of mediation and arbitration. Basic terms of litigation procedure are provided in the last chapter. Annex 1 provides information on ranges of court fees in each canton and links to the laws on court fees and calculators of court fees and costs of proceedings. Annex 2 provides contact details of courts as well as organizations or institutions that can provide additional referrals. 12 ACKNOWLEDGMENTS This Guide was prepared by a World Bank team led by Mr. Roberto O. Panzardi and Ms. Zuhra Osmanovic-Pasic (Task Team Leaders). The key contributors to the Guide are the World Bank subject experts comprising of Mr. Sead Miljkovic (Legal Expert) and Mr. Amar Bajramovic (Legal Expert), and members of the Association of Democratic Initiatives (ADI) comprising of Ms. Snjezana Ivandic Ninkovic (Director) and Ms. Dajana Celebic (Program Officer). The Guide benefited from valuable guidance and advice provided by Ms. Marina Matic Boskovic (Justice Reform Advisor), Ms. Olga Sipka (Justice Reform Advisor) and the Association of Employers of the FBiH. The Guide also benefited from the support of Mr. Roberto Senderowitsch (Practice Manager, Governance Global Practice for Europe and Central Asia), Mr. Emanuel Salinas Munoz (Country Manager for Bosnia and Herzegovina and Montenegro), and Mr. Edward Olowo-Okere (Global Director, Governance Global Practice). The World Bank is especially grateful to the UK Government for the funding provided with UK aid and to the BiH High Judicial and Prosecutorial Council for its support. The World Bank team sincerely thanks the representatives of governments, judicial authorities, business community and non-governmental organization in the FBiH for taking time to participate in consultations on this Guide and for sharing their insights. 13 ACRONYMS BAM – The Bosnian Convertible Mark BiH – Bosnia and Herzegovina CPC – Civil Procedure Code FBiH – Federation of Bosnia and Herzegovina IDDEEA - Agency for Identification Documents, Registers and Data Exchange of Bosnia and Herzegovina MSME – Micro, small and medium-sized enterprises RS – Republika Srpska UK – United Kingdom VMD – Value of the matter in dispute 14 I. ABOUT SELF-REPRESENTATION I ABOUT SELF-REPRESENTATION Legal entities regardless of their size can be faced with a problem that needs to be solved in court. Micro, small and medium-sized enterprises without a legal affairs department or a lawyer may lack appropriate expert knowledge to help in this So, before embarking on self- process. representation one should think Law provides for a right to be self-represented about the following: and does not require you to hire an attorney. By - Can the dispute be settled representing yourself or your company you will amicably (e.g. by admonishment, avoid attorney’s fees. However, given the lack of settlement or similar)? professional expertise the decision to self- represent should be made with caution, this - Depending on complexity particularly if the adverse party is represented of the case do I have enough by an attorney. Court procedures are not simple knowledge and know-how and often require involvement of professionals. necessary to self-represent? Also, if you lose the case you will bear all litigation costs (own costs, the costs of the adverse party and Please note that if the value of court costs). the matter in property claims exceeds BAM 50 000, legal . entities are required to be represented by a person who has passed the bar exam. Also, companies may file a request for a revision but only through an attorney. 16 THE COURSE OF II. A LITIGATION PROCEDURE IN THE FEDERATION OF BOSNIA AND HERZEGOVINA II THE COURSE OF A LITIGATION PROCEDURE IN THE FEDERATION OF BOSNIA AND HERZEGOVINA III. COURTS IN FEDERATION OF BOSNIA AND HERZEGOVINA III COURTS IN FEDERATION OF BOSNIA AND HERZEGOVINA 3.1. What court should I address in case of a dispute? To know where to file the lawsuit it is necessary to know which court has jurisdiction to hear the case. Courts in the FBiH are organized at the municipal and the cantonal level. Municipal courts are competent to adjudicate in commercial matters in first-instance proceedings, while the cantonal courts hear commercial cases at second instance. Commercial disputes are heard and adjudicated at municipal courts Bihać, Orašje, Tuzla, Zenica, Goražde, Travnik, Mostar, Široki Brijeg, Sarajevo and Livno which have organized commercial divisions specialized to hear commercial cases.1 If a party to the proceeding is not satisfied with the outcome of the proceedings or feels that its rights were violated, it is entitled to use an extraordinary legal remedy – review by the FBiH Supreme Court. In case you wish to use this remedy, we suggest you seek professional assistance of an attorney. To promptly receive the court judgment, it is important to correctly determine which court has jurisdiction to review the lawsuit. You will lose valuable time if you file a lawsuit to a wrong court. Under the law, if you file a lawsuit to a court that is not competent to review it, the court will then forward the lawsuit to the competent court. However, this will significantly slow down the procedure. Depending on cantonal regulations on court fees and practices of the acting courts you may also be required to pay the court fees twice – to the court that received the lawsuit and to the competent court. If you are filing a lawsuit, you file it to a municipal court. To determine which municipal court to file a lawsuit you should consider the subject matter of the dispute as well as other circumstances as follows: - First, if you have a contract concluded with the party you wish to sue and this contract regulates issues that are the subject of a dispute, check if the territorial jurisdiction of a particular court has been agreed to in the contract. If so, file the lawsuit with the court specified in the contract. 1 Article 23, Law on FBIH Court, Oficial Gazette FBIH no. 38/05, 22/06 and 63/10, 72/10, 7/13, 52/14. 21 - Second, if the contract says nothing on territorial jurisdiction or no contract is relevant for the dispute then the competent court is, in most cases, determined based on the location of defendant’s seat of business (headquarters). In these circumstances the competent court may also be determined by the place where the damage occurred or arose, by the consumer’s place of permanent residence or by the office of the company’s establishment. Namely, there are instances when you can file the claim with different courts, but this depends on the subject-matter and the nature of the dispute. For example, a lawsuit concerning labour and employment disputes can be filed with the court on which territory the employment was realized. - Third, if you are filing a lawsuit concerning immovable property, the court on which territory the immovable property is located has exclusive jurisdiction to decide on a case. - Forth, in case of bankruptcy proceeding or enforcement proceeding (once you come to that) the court on which territory the bankruptcy or enforcement proceedings are conducted has exclusive jurisdiction to decide on a case. ADVICE! You can be proactive and when negotiating a contract with a business partner agree territorial jurisdiction of the court that is most suited for your needs. Setting the territorial jurisdiction of the court in a contract does not mean that you do not trust your business partner, but quite the opposite, this is a sign that you are doing business conscientiously. 3.2. What are the court fees for individual actions during the proceeding? Court proceedings are not free of cost for self-representation. If you are filing a claim it is important to know that you are obligated to pay the court fee. The fee does not have to be paid at the time of the lawsuit. But before you undertake any further steps in the procedure the court will send you an order for payment of the fee. 22 Once the judgment is rendered you will have to pay a judgment fee. If you are not satisfied with the court’s decision and decide to file an appeal, you will have to pay an appeal fee. In the FBiH, the amounts of court fees are regulated at cantonal level and defined based on the value or nature of the dispute. Minimum amounts of court fees range from 20 BAM to 50 BAM, while maximum amounts range from 5,000 BAM to 10,000 BAM, depending on canton. Before filing a lawsuit or an appeal, you can ask the court about the amounts of court fees or you can calculate them based on the respective cantonal law on court fees. In Annex I of the Guide you can find information on amounts of court fees in each canton as well as links to all ten cantonal laws on court fees and court fee calculators. You have to pay the court fee even if you subsequently withdraw your lawsuit or if the lawsuit is dismissed by the court (see Chapter IV, heading 4.1.4 - Basic steps to file a lawsuit). 23 PLAINTIFF – I WANT TO FILE IV. A COMPLAINT: WHAT SHOULD I KNOW IN ADVANCE? IV PLAINTIFF – I WANT TO FILE A LAWSUIT: WHAT SHOULD I KNOW IN ADVANCE? 4.1. Filing lawsuit Litigation procedure is initiated by the filing of a lawsuit. The court does not monitor the statute of limitations periods ex officio. However, an objection against the lawsuit could be brought forward by the defendant during the proceeding. 4.1.1. Basic elements of a lawsuit You have to be careful when writing a lawsuit and make sure that the lawsuit contains the following elements: a. Court designation, b. Name of the plaintiff and defendant (name of a legal entity or natural person) with residence addresses i.e. with address of office seat in case of legal entities, and name of the legal representative of the company (if any), c. Indication of the value of dispute, d. Claim, e. Facts on which the plaintiff rests the claim, f. Evidence that establish the facts, g. Signature (of authorized person of the plaintiff). 25 How to obtain defendant's address? If you are filing a lawsuit against a natural person and you are not sure that you have the correct address of the defendant, you can request this information from the BiH Agency for Identification Documents, Registers and Data Exchange of Bosnia and Herzegovina (IDDEEA), based on the Law on Freedom of Access to Information in BiH and the Law on the Protection of Personal Data of BiH. In your request you must explain the legal basis (interest) which you believe establishes your right to obtain the information requested. If you are filing a lawsuit against a legal entity, you can request the Department for registration of legal entities of the court before which the opposite party has registered its enterprise to provide you with the name of the legal entity or its registered office. Furthermore, you can search all court electronic registers of business entities: the Register of Business Entities of the Brčko District of BiH, the Register of Business Entities of the FBiH and the Register of Business Entities of the RS by using the following link: https://bizreg.pravosudje.ba/pls/apex/f?p=183:20:2819398751671453. When writing a lawsuit, you need to formulate your request as follow: - First, explain the facts on which the claim is based. For example, if you are suing for debt settlement, it is important to describe the legal basis of the debt (e.g. invoices and the like) and to state that the debt has not been settled. It is important that the court understands presented facts. - Second, list the evidence that you will use to prove the facts (e.g. contracts as proof of contractual relation, bills of lading as proof that the goods were delivered, police minutes/reports – as proof that an employee had severely breached his/her duties, etc.). You must have evidence for all your assertions, and you are solely responsible to obtain this evidence. If you cannot substantiate your statements, then your claim will not be successful. Evidence can be documents, hearing of litigants (i.e. plaintiff and/or defendant) or witnesses. Also, when it is necessary to clarify certain facts it is possible to propose on-the-spot investigation and/or an expert evaluation. 26 Costs of expert evaluation and costs of witnesses summoned for the hearing are initially borne by the party that proposed this evidence. Once the judgment is rendered, all these costs are borne by the party that lost the dispute. If both parties propose the same expert evaluation (e.g. economics expert) the court will decide which party is to bear expert evaluation costs. To be able to reason merits of your assertions get to know relevant legislation pertinent to the disputed matter. Request the court to render a default judgment if the defendant fails to submit a written response to the lawsuit within the prescribed deadline. Such request is not a mandatory element of the lawsuit, but if you submit such a request and the defendant fails to provide written response on time, the court can render a judgment in your favour. All communication with the court has to be in one of three official languages2 used in Bosnia and Herzegovina. If you are submitting documents in another language, attach a translation drawn by a court certified interpreter. The list of court certified interpreters can be found on the official website of the Ministry of Justice of Federation of Bosnia and Herzegovina .3 Example of a lawsuit template that you can use (it relates to debt collection): Municipal Court in Sarajevo Šenoina 1 71 000 Sarajevo Sarajevo, 25.10.2018 PLAINTIFF: “PROMET” ltd. ZENICA, ID number 1234567890123, 10 Privrednička Street, 72000 Zenica represented by the legal representative Mustafa Mustafić , director 2 Three oficial languages in Bosnia and Herzegovina are Bosnian, Croatian and Serbian, official scripts Latin and Cyrillic alphabet. 3 The list of court certified interpreters in the FBiH can be found here: http://fmp.gov.ba/bs/lista-stalnih-sudskih- tumaca-u-federaciji-bih.html 27 DEFENDANT: “KOMERC” JSC Sarajevo, ID number 0123456789012, 233 Berzanska Street, 71000 Sarajevo, represented by the legal representative Sanjin Sanić, director LAWSUIT For: debt Value of the matter in dispute: BAM 14.500 Ground for court’s jurisdiction is Article 27, paragraph 2 of the Law on Courts of FBiH (Official Gazette of FBiH, no. 22/06, 63/10, 72/10 and 7/13) and Article 28 of the Civil Procedure Code of FBiH (Official Gazette of FBiH, no. 22/06, 63/10, 72/10, 7/13 and 98/15) - List all the facts on which you rest your claim. - List all evidence that established above-listed facts. For example: Evidence: Agreement to pay debt by instalments of 19.12.2017. Article 4 of the Agreement to pay debt by instalments reads that if the defendant defaults on payment of any of the instalments the remaining amount of the debt is considered to have fully matured. The plaintiff is entitled to claim from the defendant an appropriate interest at rate set by the law. Thereafter, make a conclusion, as for example: Thus, the plaintiff claims from the defendant the amount of BAM 14.500 on the basis of the Agreement of 19.12.2017, together with appropriate interest at the rate set by the law accruing from debt maturity date 01.02.2018 until the final repayment. As the defendant failed to settle the debt the plaintiff is forced to collect the claim by an action before the court. Pursuant to Article 17 of the Law on Contracts and Torts, and in conjunction with Article 262, paragraph 1 and Article 277, paragraph one of the same Law, the plaintiff proposes that after the completion of the proceeding the court renders the following Formulate your claim, for example: JUDGMENT The defendant is OBLIGATED to pay to the plaintiff the amount of BAM 14.500 with interest at the rate set by the law accruing from debt maturity date 01.02.2018 until the final repayment, and to reimburse the plaintiff for litigation costs, all within 30 calendar days following the day the judgment becomes final, under threat of enforcement. The plaintiff proposes that the court renders a default judgment if the defendant fails to timely submit a response to the claim in line with Article 182, paragraph 1 of the CPC. Attached: two copies of the lawsuit, evidence as listed in the lawsuit SIGNATURE AND SEAL OF THE PLAINTIFF 4.1.2. How to formulate the claim? It is important to know how to formulate the claim, as it reflects your requests to the court. In principle, present your claim clearly and precisely but only after you elaborate the facts on which your claim will be based and list the evidence substantiating the facts. Do not forget to submit any additional requests (such as payment of interest, reimbursement of litigation costs, expert evaluation costs, court fees and the like). See in the example above the sub-heading “Judgment”. +RZWRSUHFLVHO\GHƓQHWKHFODLP" If you cannot define the claim more precisely at the moment of drafting because you cannot, for example, establish or assess the exact amounts, you can request an expert evaluation that will be done by an expert who has the necessary knowledge. This could be an expert in economics who will, during the proceedings, set the value of the claim by evaluation (calculation). Based on such expert report, you will be able to precisely define the claim. You can define the claim more precisely and amend it with defendant’s consent up until the end of the main hearing. 29 %DVLFVWHSVWRƓOHDODZVXLW - Draft the lawsuit. - Print multiple copies of the lawsuit: one for the court and one for the adverse party; if you are suing multiple parties submit one copy with evidence for every defendant; always make one copy for your records. - Sign all copies: lawsuit has to be signed by a person authorized to represent the company and it has to bear company’s seal. - Photocopy all evidence in the same number of copies as the number of copies of the lawsuit: please note that only a simple copy of all evidence is required, the court might request to view the originals at a later stage (at the request of the other party). - Put everything in an envelope. - Send the envelope by mail: Sending by post is treated the same as direct submission to the court, make sure you send it by registered mail with a return receipt; you can also hand the lawsuit over to the court’s registry office; keep a copy of the confirmation receipt for yourself. In all subsequent submissions to the court you should refer to the case file number that the court has assigned to your case. This number will be provided by the court on the confirmation of receipt. If you are submitting the lawsuit in person at a court filing office the case file number will be given in the upper left corner of the confirmation receipt. If you are submitting the lawsuit by mail you will learn the case file number once the court addresses you in writing. The case file number will be given in the upper left corner of the letter you receive. Please note that you cannot file lawsuits always and for everything. Once the court receives the lawsuit it will first examine it. If the court finds any of the following it will dismiss the lawsuit: 30 a. Dispute does not fall under court jurisdiction, i.e. if some other authority is competent for the matter (e.g. asking the competent tax authority for reimbursement of incorrectly collected tax), b. There was a deadline by which you had to file the lawsuit and you have missed the deadline. For example, as a shareholder in a limited liability company you can challenge a decision of the company’s assembly against which you voted within 30 calendar days following the day the decision was made, c. If the same dispute is subject of another litigation between the same parties, d. If there is already a final judgment concerning the same dispute, e. If the dispute was already resolved by a judicial settlement, f. If you have earlier withdrawn the same claim before the court. If the court determines that the lawsuit is not clear or that it does not contain all elements prescribed by the law, the court will return it and instruct you to supplement and amend it. The court will give you up to 8 calendar days to do this. Take this deadline seriously, because if you fail to meet it, the lawsuit will be dismissed, and you will have to pay the court fee. Once you submit a lawsuit, the court will inform you in writing about further course of action. If the adverse party submits a response to the lawsuit, the court will forward it to you. The court will also inform you in writing about the date of the preparatory hearing. You can also follow the case online – ask the court’s registry office for a code to track the case in the court electronic system.4 4.2. How can I secure my claims? If there is a risk that the defendant could prevent or substantially impede the realization of your claims by disposing of, concealing, encumbering or otherwise disposing of property or altering the existing state of affairs or otherwise adversely affecting it, you 4 Instructions on how to file a request to get a code, along with template of a request can be found at: https:// www.pravosudje.ba/vstv/faces/vijesti.jsp?id=16803. 31 to the court an interim measure 5. You may submit your proposal in writing before the initiation and during the court proceedings, as well as after the conclusion of the proceedings, until the time the execution of a court decision has been completed. If you proposed interim measures before filing a lawsuit, in its decision on interim measure the court will give you 30 calendar days to file a lawsuit. If your proposal is related to an ongoing civil procedure, you can present it orally at the hearing. For both, written and oral proposals, you must clearly state the proposal, indicating: - the claim for which you are seeking an interim measure, - the specific measure you are seeking, - the means and subject of the interim measure, and - the facts on which your claim is based. You also need to attach the supporting evidence. The decision on the interim measure is made by the court acting in the first instance, and by the higher court when the motion for its adoption was filed after the case was submitted to that court for the purpose of deciding on the legal remedy. After the hearing, the court will, by a special decision, revoke the decision on the interim measure or replace that decision with a new decision on the interim measure. In the decision, the court will determine the type of measure, the means by which it will be enforced and the subject matter of the interim measure, with appropriate application of the rules of judicial enforcement proceedings. The court shall, H[ RIƓFLR deliver a decision on the interim measure to the court responsible for its enforcement and to appropriate public registers for filing. As the proponent of the interim measure, you are entitled to general property rights, such as the right to compensation for damage caused to you by the failure of the persons who were obliged to act on the decision on the interim measure. 6 5 If you decide to file a request for an interim measure, we recommend to consult an attorney, given the complexity of the process 6 Civil Procedure Code of FBiH, Articles 268 – 290, available at:http://www.fbihvlada.gov.ba/ bosanski/zakoni/ 2003/ zakoni/64%20zakon%20bos.pdf 32 V. I AM BEING SUED – WHAT DO I NEED TO KNOW? V I AM BEING SUED – WHAT DO I NEED TO KNOW? 5.1. What to do when you receive a lawsuit? When you receive a lawsuit the first step is to respond to it. Delivery of judicial documents (summons, decisions, conclusions and other official documents) can be made by:7 a) Post office, b) Legal entity registered for delivery services, and c) Court delivery service. The person to whom the judicial document is to be served may be summoned to receive the letter only exceptionally when the nature or significance of the document to be served requires it. Deliveries are made only on workdays, during the working hours. As a rule, deliveries are made at home or workplace addresses. If a party is represented by an attorney, delivery will be made at the attorney’s address. Delivery receipt which indicates delivery date is proof of delivery of a judicial document. Delivery receipt is signed by the recipient and the person delivering the document. If the recipient refuses to sign the delivery receipt, the person delivering the document will note this on the delivery receipt and write down the delivery date. By this, the delivery will be considered completed. If the recipient is illiterate or unable to sign, the delivery person shall note the reason of the recipient not signing the receipt. Avoiding acceptance of judicial documents will only delay the court procedure. 7 More about delivery methods of judicial documents is available at: http://www.fbihvlada.gov.ba/ bosanski/zakoni/2003/zakoni/64%20zakon%20bos.pdf, Civil Procedure Code of FBiH, Heading XVII, articles 337-355. 34 5.1.1. How to write a response to the lawsuit? First, you should carefully read the lawsuit and identify statements, facts and evidence with which you disagree as to be able to challenge them. Then, write your arguments contesting the lawsuit and make sure you have the evidence to prove your arguments. Note that in some cantons there is a court fee for filing a response to the lawsuit.8 5.1.2. Elements of a response to a lawsuit A response to a lawsuit must contain: a. Court designation, b. Names of the plaintiff and defendant with residence addresses, i.e. address of office seat in case of legal entities, c. Case reference number, d. Possible procedural objections, e. Reasons why the claim is challenged, f. Facts on which the assertions are based, g. Evidence that ascertain these facts, and h. Signature. In the introduction of the response, it is important to indicate whether you are contesting the claim in its entirety or in part (depending on the particular case) and to list the reasons for doing so. Thereafter present the facts on which your arguments are based as well as the evidence that ascertain these facts. 5.1.3. What objections I may/must state in the response to the lawsuit? Objection is an instrument that you have at your disposal to protect your rights. You can object indicating existence of certain procedural irregularities. For example, the same dispute is subject of another litigation between the same parties; plaintiff has earlier waived its right to the claim; the court has no jurisdiction to decide on the matter. These 8 Canton Sarajevo, Una-Sana Canton, Posavina Canton, Tuzla Canton, Herzegovina-Neretva Canton, West Herzegovina Canton and Canton 10. 35 are so-called procedural objections. Further, you can object indicating existence of certain facts (so-called substantive objections). The following substantive objections occur in practice: - Objection regarding the lack of active legitimation (if the plaintiff is not eligible to be the plaintiff). - Objection regarding the lack of passive legitimation (if the defendant is not eligible to be the defendant). ([DPSOH RI ODFN RI DFWLYH OHJLWLPDWLRQ 3HUVRQ $ VXHG 3HUVRQ % IRU GDPDJHV WKDW SHUVRQ%PDGHWRSHUVRQ&3HUVRQ%KDVWKHULJKWWRREMHFWLQGLFDWLQJODFNRIDFWLYH OHJLWLPDWLRQRISHUVRQ$3HUVRQ$LVQRWWKHSHUVRQZKRVXIIHUHGWKHGDPDJHV &LV  DQGLVQRWHQWLWOHGWRƓOHDODZVXLW ([DPSOHRIODFNRISDVVLYHOHJLWLPDWLRQ3HUVRQ$VXHG3HUVRQ%IRUGDPDJHVDQG 3HUVRQ%GLGQRWFDXVHWKHGDPDJHGDPDJHVZHUHFDXVHGE\3HUVRQ&3HUVRQ%KDV WKHULJKWWRREMHFWLWVSDVVLYHOHJLWLPDWLRQDQGVWDWHWKDWLWFDQQRWEHWKHGHIHQGDQW LQWKHGLVSXWH - Objection noting that the statute of limitations period for enforcing a claim has passed. The statute of limitation periods are deadlines by which plaintiff may seek enforcement before the court. These deadlines are defined by the Law on Contracts and Torts9 and should be consulted in order to check if the claim is time-barred. - Objection to the “ripeness of the claim” – “claim is not ripe” for adjudication if the debt is not due for payment, i.e. if deadline in which you were obligated to settle the debt for which you are being sued did not pass. - Objection to non-performance of the contract – you were required to perform your contractual obligation but only upon or simultaneously with performance of the other party, and the other party has failed to perform. - Objection concerning validity of documents submitted by the other party. You can make an objection if, for example, submitted document has no seal or was not drafted in a prescribed form. 9 Article 77, the Law on Contracts and Torts, available at the following link: http://www.nados.ba/dokumenti/ hr/zakon/Zakon-o-obligacionim-odnosima-FBiH-RS.pdf 36 5.1.4. What to ask from the court? The response to the lawsuit has to contain an instruction/request to the court on what to do with the lawsuit. If you are claiming procedural irregularities in your response, then you should seek dismissal of the lawsuit. In all other instances, you should request the court to reject the lawsuit as unfounded. Look at the example of the response to the lawsuit in heading “Judgment”. 5.2. Submitting response to the lawsuit The court does not monitor the statute of limitations periods ex officio, both parties have to do this themselves. You have 30 calendar days following the receipt of the lawsuit to submit your response. The court will inform you of this deadline when sending the lawsuit. The 30-day deadline is calculated so that all (even non-working days) are counted from the first day following the day the lawsuit was received by the court. If the last day of the deadline falls on a non- working day (Sunday or a national holiday) then the deadline expires the next working day. It is very important to submit the response to the lawsuit on time. If you fail to do so, the court can render a judgment in favour of the plaintiff. Response to the lawsuit is submitted in the following manner: - You submit the response to the court, and not to the plaintiff, - Make sure you submit sufficient number of copies: one copy for the court and one for the plaintiff(s); keep one copy of the response and evidence for your records - you will need it during the proceedings, - Cite the case file number on the response, - Response to the lawsuit, together with printed evidence, can be submitted either in person in court (it will be imprinted with a seal of receipt at the Court) or by registered mail with a return receipt. 37 The claim can be contested in its entirety or in part. Depending on approach the response will differ in terms of procedural objections listed, reasons for which the claim is contested and the facts on which the statements are based. The key difference will be your request to the court i.e., what are you asking the court to do. See examples of different evidence and request formulations in the example below, chapter “Judgement”. MUNICIPAL COURT IN SARAJEVO ŠENOINA 1 71 000 SARAJEVO Reference: (insert case file number) SARAJEVO, 10.11.2018 PLAINTIFF: “PROMET” LTD. ZENICA, ID number 1234567890123, 10 Privrednička Street, 72000 Zenica, represented by the legal representative Mustafa Mustafić, director DEFENDANT: “KOMERC” JSC Sarajevo, ID number 0123456789012, 233 Berzanska Street, 71000 Sarajevo, represented by the legal representative Sanjin Sanić, director RESPONSE TO THE LAWSUIT For: debt Value of the matter in dispute: BAM 14.500 The defendant received a lawsuit on 01.11.2018 and is hereby filing a response to the lawsuit within the set deadlines. The defendant submits that the lawsuit is unfounded in _________ (add if the lawsuit is unfounded in its entirety or in part ). - List all procedural objections and reasons why the claim is contested (see heading 5.1.3.). - List all evidence substantiating above - mentioned facts. 38 Example of evidence when claim is contested in its entirety: Evidence: review of the Agreement to pay debt by instalments of 19.12.2017. However, the defendant has settled the entire debt of BAM 20.000 on 03.03.2018, and the plaintiff has no claim against the defendant. The defendant has settled the entire obligation towards the plaintiff which is evident from the defendant’s bank statement of 03.03.2018. - Evidence: Bank Statement as of 03.03.2018. Example of evidence when claim is contested in part: - Evidence: review of the Agreement to pay debt by instalments of 19.12.2017. Furthermore, the defendant raises the objection to the ripeness of the claim. The Agreement to pay debt by instalments of 19.12.2017 sets forth the number of instalments and maturity date of every instalment. Given the date when the lawsuit was filed it is clear that not all instalments were duefor payment and that the defendant has no obligation to pay the entire debt. Finally, the defendant asserts to having paid a larger portion of the debt due on 03.03.2018. The defendant deems that at the moment of providing the response he owes only the amount of BAM 1.500. - Evidence: Bank Statement as of 03.03.2018. Thus, a larger portion of the debt has not become due for payment while the portion of the debt sought in the lawsuit has already been settled. The defendant proposes that after the completion of the proceeding the court renders the following: JUDGMENT Formulate your request in terms of what you want the court to do, for example: Example when you are contesting the claim in its entirety: The plaintiff’s claim is rejected as unfounded in its entirety. The plaintiff is obligated to reimburse the defendant for litigation costs, all within 15 calendar days following the day the judgment becomes final, under threat of enforcement. 39 JUDGMENT Example when you are contesting the claim in part: The plaintiff’s claim is rejected as unfounded in the part in which the claim exceeds the outstanding debt balance of BAM 1.500. The plaintiff is obligated to reimburse the defendant for litigation costs, all within 15 calendar days following the day the judgment becomes final, under threat of enforcement. - Attached: two copies of the response to the lawsuit, evidence listed in the response to the complaint SIGNATURE AND SEAL OF THE APPLICANT 5.3. What can I do if the plaintiff requested interim measures? If the plaintiff has proposed interim measures10 to the court against you (see section 4.2), the court will provide you with a proposal for an interim measure, together with attachments and a notice that you can submit a written response to the proposal for an interim measure within 8 calendar days. The court may order an interim measure without notifying you and without a hearing. This will happen if the proponent of the interim measure has made it probable that the interim measure was justified and urgent, and if the purpose of the interim measure would otherwise be lost. In this case, the court will inform you about the decision immediately. You have the right to challenge the reasons for ordering an interim measure within 3 calendar days, in which case the court must schedule a hearing within the next 3 calendar days. Under the general rules of property law, you are entitled to a compensation for damage caused to you by the interim measure which was determined as groundless or not justified by the proponent.11 10 If the plaintiff filed a request for interim measures, or the decision on interim measures was already brought by the competent court, we recommend you consult an attorney, given the complexity of the process. 11 Civil Procedure Code of FBiH, Articles 268-290, available at: http://www.fbihvlada.gov.ba/bosanski/ zakoni/2003/zakoni/64%20zakon%20bos.pdf 40 VI. COURT HEARINGS VI COURT HEARINGS After the defendant submits a response to the lawsuit, the court will schedule a preparatory hearing. At least two, if necessary, more hearings will be held in the litigation proceedings. First, the preparatory hearing will be held (see 6.1.2.), and after the completion of a preparatory hearing the main hearing will take place (see 6.1.3.). Both the preliminary and the main hearing could be held as one or more meetings at the court. 6.1. How to prepare the presentation, what to bring to court, where is the courtroom? The objective of the preparatory hearing is to prepare both parties and the court for the main hearing. The court will send you a written notice about the date and the time of the hearing as well as the number of the courtroom where the hearing will be held. You should bring with you everything that will help you discuss the case. Apart from the lawsuit and the response to the lawsuit, you should bring all evidence that will support your arguments and that you will use in the courtroom. 6.1.1. What if I fail to appear to the preparatory hearing? - If you are the plaintiff and you have been properly informed of the time and date of the preparatory hearing, but you fail to appear without providing prior justification, the lawsuit will be deemed withdrawn. In this case, you will bear the costs of the procedure. - If you are the defendant and you have been properly informed of the time and date of the preparatory hearing, but you fail to appear without providing prior justification, the hearing will be held without you. You will bear the costs of the procedure only in case the court rules in favor of the plaintiff. - If, for an objective reason, you are prevented from attending the preparatory hearing you can request the court to postpone the hearing. The request to postpone has 42 12 to be made before the scheduled hearing. In addition to presenting reasons that prevent you from attending the hearing, you have to also support these reasons with evidence. If the court grants the request and postpones the hearing it will inform the parties of the new date. Otherwise, if the request to postpone is not accepted the hearing will be held as originally scheduled. 6.1.2. What is the course of a preparatory hearing? This is the first occasion for you to meet the judge and the person who represents the other party. Please keep in mind to be in front of the courtroom on time and wait to be called to enter the courtroom. Courtroom Layout: Who Sits Where? 12 The request of the party (plaintiff or defendant) for postponement on the grounds of existence of justified reasons of force majeure must be submitted by the end of the working day after the occurrence of such reasons of force majeure. The request will be considered by the court as soon as possible after the expiry of two days from the date of filing the request. In the case that the court receives the counterparty's reply before the deadline expires. It will consider the request as soon as possible after receiving the reply. 43 The hearing commences The judge conducts the proceeding. At the very beginning he/she notes who is present and who are the parties to the proceeding and requests presentation of the lawsuit and of the response to the lawsuit. If you are not changing the statements you made in the lawsuit/response to the lawsuit, you only need to state this shortly and concisely. During the entire proceedings the judge will dictate the statements to the court recorder who takes the minutes. Throughout the entire proceedings the judge will address you when wanting to hear your statement, you do not have to worry as to when it is your turn to speak. If you do not understand the judge’s question, feel free to ask him/her to clarify. If you want to say something or to make an objection address the judge, do not address the other party directly. Make sure to be respectful when you address the court and that you are standing when doing so. Generally, the judge will take into account the fact that you are not a professional litigant and will inform you of your rights during the proceedings. If a judge deems that you cannot articulate your position clearly the judge will warn you that you should hire an attorney13. The preparatory hearing is also the last chance for you to propose additional evidence. Citing and presenting new evidence will not be allowed after the preparatory hearing. Exceptionally, the parties may present new facts and new evidence after the preparatory hearing and during the main hearing. But only if they prove that it was not their fault that they were unable to propose them earlier. If you are the plaintiff, you can modify the lawsuit at the preparatory hearing. At the preparatory hearing, the court will decide on items to be discussed and evidence adduced. Therefore, when presenting the evidence, point out and explain why you have 13 If the party (plaintiff or defendant) decides to hire an attorney, the court will postpone the hearing and schedule a new one, which should be held within the legal deadline of 30 calendar days. 44 offered certain evidence and what circumstances and facts are being supported by it. If you fail to explain to the court why certain evidence was offered the court might not allow you to use it. If the adverse party submits new evidence during the preparatory hearing you may request the court to postpone the hearing so you would have time to go through this evidence and give your opinion on it.14 The court will not allow postponement request for documents already proposed in the lawsuit/response to a lawsuit. Both the plaintiff and defendant should take a copy of the minutes at the end of the hearing. 6.1.3. What happens at the main hearing, what is the course of the main hearing? As a rule, the court will set time and date of the main hearing at the preparatory hearing. The court will also summon the witnesses at the address you proposed/provided. If you have proposed witnesses and the court, during the preparatory hearing, schedules to hear their testimonies at the main hearing, you can inform the witnesses verbally about the date of the main hearing. The main hearing is conducted in the following order: a. The plaintiff makes a concise presentation of all relevant matters set in the lawsuit, plaintiff makes a. Thepresentation including of a concise the presentation evidence by reading ofdocuments, all relevant matters set in the lawsuit, including presentation of the evidence by reading documents, b. The defendant b. The makes defendant makesa concise presentation a concise of his/her presentation response of his/her to the response tolawsuit, the including presentation of the evidence by reading documents, lawsuit, including presentation of the evidence by reading documents, c. Ifc. If hearing hearing of the of the litigants litigants waswas proposed proposed as as evidence evidence, the the litigants litigants are are heard; heard; the the plthe plaintiff first and then the defendant, d. The witnesses are examined, first plaintiff's witnesses and then defendant's d. The witnesses are examined, rst ̀ plaintiff’s witnesses and then defendant’s witnesses. witnesses. 14 The minimum time required for a request is 8 calendar days, and a new hearing should be held by law within 30 calendar days. 45 A party is first questioned by its attorney and then by the adverse party. If a party does not have an attorney, questioning is done by the court. A witness is first questioned by the party that proposed the witness and then by the adverse party. If necessary, the party that proposed the witness can question the same witness again. When questioning a witness, focus on the questions that are important to you in order to prove the facts and circumstances on which you rely on. When questioning a witness proposed by the other party, focus on asking questions that will support your statements and rebut the adverse party claims. Suggestive questioning as well as asking irrelevant questions is not allowed and you may file an objection if you notice that the adverse party is posing such question. The court is also entitled to question the witnesses. e. Adducing other evidence, including expert evaluation If you are the party proposing an expert evaluation, you are obligated to indicate the subject and the scope of the expert evaluation, as well as to propose the expert witness. The court will decide on the proposed expert evaluation and this decision cannot be appealed. However, you are entitled to object in the minutes and the judge may decide on the objection immediately at the hearing or in the judgment. If an expert evaluation is accepted as evidence in trial, the expert witness will always be summoned and heard at the main hearing. The court is obligated to inform the parties of expert’s finding and opinion no later than 8 calendar days prior to the hearing. f. Write down the closing remarks After all evidence is heard, both parties, starting with the plaintiff, have the right to deliver a closing argument by which all legal and factual aspects of the case are summarised. Summarise statements of both parties and try to explain why your arguments are correct and the arguments of the other party are not. Do this by listing the facts and evidence you submitted during the proceeding. Quote witness statements to draw judge's attention to key issues. It is important to convince the court of accuracy of your statements. Also, closing argument is an excellent opportunity to draw judge's attention to everything you find important. 46 The court may allow the plaintiff to give a short response to the closing argument of the defendant. If you are the plaintiff and you wish to add something with regards to the defendant's closing argument, you can do so. Everything you say will be entered into the minutes and will be important for rendering the judgment. Example of the minutes is available at the following link, page 177: http://adi.org.ba/wp-content/uploads/2019/10/ Primjer-sudskog-zapisnika-str.-177.pdf. If the plaintiff is allowed to reply to the defendant’s closing argument, the defendant will be entitled to give a brief response to plaintiff’s final statements. If, as a defendant, you think it is necessary to respond to the plaintiff's final statements, you can do so. 6.2. Judgment Following the hearing, the judge renders the judgment on the case. The court decides on the subject matter of the dispute and on all other issues - supplementary party requests. If there are several requests, the court will decide on all of them in a single judgment. The judgment contains the following: court designation, introduction indicating composition of the court and the names of litigants, operative part of the judgment – the decision, rationale and information on the available legal remedy. Example of the judgment is available at the following link: http:// adi.org.ba/wp-content/uploads/2019/10/Primjer-presude_privredni-spor.pdf. Please note that: Parties, i.e., their representatives or attorneys, must collect the judgment at the court, the court will not deliver the judgment to them. 47 VII. SOME POSSIBLE SITUATIONS AFTER THE JUDGMENT IS RENDERED VII POTENTIAL SCENARIOS AFTER THE JUDGMENT IS RENDERED +RZWRƓOHDQDSSHDOWRWKHVHFRQGLQVWDQFHFRXUW" If you are not satisfied with the outcome of the proceedings, regardless of whether you are a defendant or a plaintiff, you can file an appeal against the first instance judgment. The court does not monitor the statute of limitations periods H[ RIƓFLR, both parties have to do this themselves. You can file an appeal against the first instance judgment within 30 calendar days from the day of delivery of the judgement. Deadline for appeal against first-instance judgment in disputes concerning promissory notes and cheques is 15 calendar days. The deadline for submission of the appeal is written in the legal remedy section of the judgment. Please note that: If the parties were properly informed of the date on which the judgment would be rendered, the deadline for appeal against the judgment starts to run the first next day after this date. If you file an appeal, the judgment will not become final in part contested by the appeal. And the judgement will not become final at all if you challenge the judgment in its entirety. This means that the other party will not be able to enforce the challenged (part of the) judgment. Second instance court decides on appeal filed against the first instance judgment. For example, if the judgment was rendered by the Municipal Court in Sarajevo appeal will be decided by the Cantonal Court in Sarajevo. The appeal is submitted by post or in person and is submitted to the first instance court that rendered the first instance judgment. Appeal should be submitted in sufficient number of copies for the court and the adverse party. 49 An appeal must contain: a. Indication of the judgement against which the appeal is filed (give number and date of the judgment), b. Statement explaining whether the judgement is contested in its entirety or in part (indicate the part of the judgment that is being contested), c. Reason(s) for the appeal, d. Signature and the seal of the appellant. If the appeal does not contain the listed elements it will be considered incomplete. In that case, the court will ask you to supplement the appeal. If you do not supplement the appeal as requested, the court will reject the appeal. New facts and evidence cannot be presented in the appeal. Exceptionally, you can introduce new facts and evidence at the time of the appeal, but only if you prove that you were unable to present them, with no fault of yours, prior to the conclusion of the main hearing. Appellant can contest first instance judgment for the following reasons: a. Violation of the provisions of the civil procedure code. For example: court rendered a judgment without scheduling a main hearing; court based the judgment on evidence that could not have been used as evidence, because e.g. this evidence was not proposed at the preparatory hearing. b. Erroneously or incompletely determined state of facts. Court failed to correctly determine the state of facts. c. Misapplication of substantive law. Court improperly applied provisions of the law e.g. applied a law that cannot be applied to the matter of the dispute (e.g. the Law on Consumers’ Protection is applied to a dispute between legal entities). The first instance court will, before transferring the appeal to a second instance court, send the appeal to the other party for response. Second instance court will examine the first instance judgment in the part that is contested by the appeal and will be limited by reasons listed in the appeal. 50 Example of an appeal: CANTONAL COURT IN SARAJEVO SARAJEVO Through MUNICIPAL COURT IN SARAJEVO SARAJEVO Reference number: (enter the case file number) Sarajevo, 30.05.2019 PLAINTIFF: “PROMET” ltd. ZENICA, ID number 1234567890123, 10 Privrednička Street, 72000 Zenica, represented by the legal representative Mustafa Mustafić, director DEFENDANT: “KOMERC” JSC Sarajevo, ID number 0123456789012, 233 Berzanska Street, 7100 Sarajevo, represented by the legal representative Sanjin Sanić, director APPEAL Municipal Court in Sarajevo rendered the judgment number (case file number) on 20.05.2019 accepting the plaintiff’s claim in its entirety as founded. Unsatisfied with such a decision the defendant is filing an appeal against the judgment for: - /LVWWKHUHDVRQVIRUFRQWHVWLQJWKHƓUVWLQVWDQFHMXGJPHQWIRUH[DPSOH o Violation of the provisions of the civil procedure code; o Erroneously or incompletely determined state of facts; o Misapplication of substantive law, - 6WDWH\RXUSURSRVDOWRWKHFRXUWIRUH[DPSOH You propose the second instance court to amend the above-mentioned judgment and reject the claim in its entirety as unfounded, or to annul the first instance judgment and refer the procedure back to the first instance court for a decision. 51 0DNHVXUH\RXOLVWDOOOHJDOSURYLVLRQVIDFWXDODQGPDWHULDOHYLGHQFHRQZKLFK\RXEDVH 15 \RXUDSSHDO - 6WDWHZKDW\RXVHHNWKHFRXUWWRGRIRUH[DPSOH Accordingly, the defendant suggests that the second instance court accepts the defendant’s appeal in its entirety as founded, and to, amend the first instance judgment as to (i) reject the plaintiff’s claim in its entirety as unfounded; or to (ii) partially grant the plaintiff’s claim in the amount of BAM 14.500 together with appropriate interest at the rate set by the laws; and, in any event, to obligate the plaintiff to reimburse the defendant for litigation costs, all within 15 calendar days following the day the judgment becomes final. SIGNATURE AND SEAL OF THE APPELLANT 'R,KDYHWRƓOHDUHVSRQVHWRWKHDSSHDODQGZKDW should a response contain? Response to the appeal is not mandatory. It will, however, be useful if you respond to the appeal with counterarguments to the assertions presented by the appellant. The court does not monitor the statute of limitations periods H[RIƓFLR, both parties have to do this themselves. Response to the appeal16 is submitted within 8 calendar days following the receipt of the appeal. 15 A detailed example is available at the webpage www.adi.org.ba. 16 Example of a response to an appeal can be downloaded from: http://adi.org.ba/wp-content/ uploads/2019/09/Odgovor-na-%C5%BEalbu_primjer.docx 52 VIII. WHAT HAPPENS IF I MISS THE DEADLINE DURING THE PROCEEDING? VIII WHAT HAPPENS IF I MISS THE DEADLINE DURING THE PROCEEDING? 8.1. Filing a motion for the return to status quo ante If you miss a hearing or a deadline (e.g. you do not appear for a hearing or you fail to submit an appeal on time etc.) and because of this you lose the right to perform an action before the court, you may file a motion for the return to VWDWXVTXRDQWH. Example: MUNICIPAL COURT IN SARAJEVO Reference number: (enter case file number) In line with Articles 328 and 329 of the Civil Procedure Code of Federation of Bosnia and Herzegovina (Official Gazette of FBiH, no. 53/03, 73/05, 19/06) (hereinafter CPC) I, within the prescribed time limit, hereby submit MOTION FOR RETURN TO STATUS QUO ANTE On 02.11.2018 I received the Decision of the Municipal court in Sarajevo by which the lawsuit in the case number ___________ is considered withdrawn. Namely, I did not appear at the preparatory hearing scheduled on 01.10.2012 and the judge, acting in line with Article 84, paragraph 1 of the CPC issued the Decision on considering the lawsuit in this legal matter withdrawn. - List the facts substantiating the motion, such as for example poor state of health. - Submit the evidence to the court, for example: Evidence: Medical report of a specialist from the Emergency Clinic Sarajevo - State what you want the court to do, for example: Based on facts and submitted evidence, I suggest the court to act on this Motion in line with Article 332, paragraph 2 of the CPC i.e. to schedule a hearing to decide on the motion for the return to status quo ante, and to ultimately grant the return to status quo ante i.e. return to the preparatory hearing stage in this legal matter. SIGNATURE AND SEAL OF THE APPLICANT 54 The court may grant the motion for the return to VWDWXVTXRDQWH if it deems that you failed to act for justified reasons that could not have been foreseen or avoided (e.g. sudden illness, car accident, etc.). When the return to VWDWXVTXRDQWH is allowed, the procedure is returned to the state it was before the omission to act. The court does not monitor the statute of limitations periods H[ RIƓFLR, both parties have to do this themselves. The motion for return to VWDWXVTXRDQWH can be submitted within 8 calendar days from the day the reason that caused the omission ceased to exist. If the party learned about the omission on some later date, the counting of days shall start from that date. Where 60 calendar days have passed from the day of the omission, the return to VWDWXVTXRDQWH may not be granted. If you omitted action and have filed a motion for the return to VWDWXVTXRDQWH you should conduct the omitted action simultaneously with the filing of the motion. For example, the motion to return to VWDWXVTXRDQWH must be accompanied with a response to the appeal. The court will schedule a hearing concerning the motion for the return to VWDWXVTXRDQWH, except in case when the facts on which the motion is founded are well known. At the hearing, you have to make an oral presentation of the reasons for omission and to submit evidence thereon. 8.2. What decision can the court make? The court can either grant or reject the motion for the return to VWDWXVTXRDQWH and will inform the parties to the proceeding thereon. 55 &DQ,ƓOHDQDSSHDODQGWRZKLFKFRXUW" The court does not monitor the statute of limitations periods H[ RIƓFLR, both parties have to do this themselves. An appeal against the decision rejecting the motion for return to VWDWXVTXRDQWH can be filed within 8 calendar days following the receipt of the decision. The decision by which the motion for the return to VWDWXVTXRDQWH is rejected will contain information on available legal remedies, deadline and the court to which the remedy (appeal) can be submitted. 56 IX. LIQUIDATION PROCEEDING BASICS IX LIQUIDATION PROCEEDING BASICS 9.1. How is the liquidation procedure initiated? Liquidation of a company is a process of closing of the business and bringing it to its end. It is a process of settlement of relations with business partners, government, employees, co-owners of the company and investors. Liquidation is carried out when the company is solvent (i.e. when company assets are in excess of its liabilities). Liquidation is carried out: - When the court prohibits company’s operations. When a state body imposes a measure to permanently prohibit any further activity of a company. In this case a representative of the state body submits the motion to initiate liquidation proceeding before the competent court; - When registration in the court registry or establishment of a legal entity was declared null and void by a final court decision. In this case the court that has declared nullity forwards its decision to the liquidation court which initiates the liquidation proceeding H[RIƓFLR; - By petition to open a liquidation proceeding – by a decision of company’s general assembly to initiate liquidation. In this case the shareholder if holding powers of representation or a company body authorised to represent the company must file a petition to initiate the liquidation proceeding. 9.2. What documents must accompany the petition to open liquidation? The following documents must be submitted in order to initiate liquidation proceeding in court: 58 a. Decision to liquidate the company; b. Current excerpt from the court register, which is not older than three months; c. Company’s balance sheet and income statement; d. Bank’s certificate on company’s solvency; e. A certificate of the Tax Administration on obligations settled; f. A certificate of the BiH Indirect Taxation Authority on settled indirect taxes; g. Correct postal address; h. Proof of payment of the court fee. The documents should be submitted to the municipal court. Example of a petition to open liquidation procedure: MUNICIPAL COURT IN SARAJEVO Šenoina 1 71000 Sarajevo Sarajevo, 23.04.2019 PETITIONER: “KOMERC” JSC Sarajevo, ID Number 0123456789012, Berzanska Street 233, 71000 Sarajevo FOR: Liquidation PETITION TO OPEN A LIQUIDATION PROCEDURE Dear Sir/Madam, Pursuant to Article 4 of the Law on Liquidation Procedure of FBiH (Official Gazette of FBiH, no. 29/03), the Petitioner, in the capacity of a shareholder, proposes to initiate liquidation of “KOMERC” JSC Sarajevo, and to appoint Ahmet Ahmić as a liquidator in the forthcoming liquidation procedure. As the Company is not performing its registered activity, the shareholder hereby proposes to initiate the liquidation of the Company. For the purpose of determining the facts 59 relevant for opening the liquidation procedure, please find attached: (VHHVXEKHDGLQJ OLVWRIGRFXPHQWV). The Petitioner proposes that the court with substantive jurisdiction in line with item g, point 3 of Article 27 of the Law on Courts (Official Gazette of FBiH, nos. 38/05, 22/06, 63/10, 72/10 and 7/13), which has territorial jurisdiction in line with Article 7 of the Law on Bankruptcy Proceeding and Articles 22 and 23 of the Law on Courts, grants this petition to open liquidation procedure in its entirety and in line with Article 4 of the Law on Liquidation Proceeding to pass a: DECISION I. Liquidation of the company KOMERC JSC Sarajevo, at the address Berzanska 233 Street, Sarajevo, registered in the companies register of the Municipal Court in Sarajevo under number 0123456789012 is initiated. II. Ahmet Ahmić is appointed liquidator. SIGNATURE AND SEAL OF PETITIONER Advice: - If it has been a while since you have taken a certificate from the Tax Administration you should submit the request for the certificate at least 2-3 months before you decide to initiate the liquidation. We recommend this because there is a possibility that your internal records do not correspond with the records of the Tax Administration. - Consult your accountant on what should be the liquidation date, because the accountant has to make the initial liquidation calculation on the liquidation date. You will be required to submit this calculation to the Court. - The Court will immediately print/issue a confirmation of receipt, which you will photocopy and notarise, and you will use it to deregister the director at the Tax Administration. This is to end your obligations for accounting of salaries after the liquidation date. 60 Company should not have any ongoing disputes in court or administrative bodies. The liquidation proceeding will not end until these disputes are settled with a final decision of the competent authority. 9.3. Who can be a liquidator? Typically, a member of the former body that represented the company should be appointed as the liquidator. If there are indications that proper liquidation by former members of representation bodies would not be secured, the court may appoint another eligible person as the liquidator. 9.4. How to represent yourself in court? It is the liquidator that provides all necessary information to the liquidation judge aimed at conclusion of the liquidation proceeding. 9.5. What is the course of the proceeding in terms of procedure? The court schedules an examination hearing after it receives a motion to initiate a liquidation proceeding. The judge checks if all conditions to initiate the liquidation proceeding are met before the examination hearing. If the court concludes that all conditions are met it will order the liquidator to publish a call in the Official Gazette of the Federation of Bosnia and Herzegovina, inviting all potential creditors to report their claims to the court within 30 calendar days. At the same time the court schedules the next hearing. At the second hearing the court will, if no creditor reported a claim, pass a decision on removing the company from the register and will forward the decision to the companies register. If there are claims that cannot be settled from the assets of the company (liquidation estate), the court will inform the liquidator that he/she is obligated to, within 15 calendar days, file a motion to initiate a bankruptcy proceeding over the company. 61 9.6. Removal of the company from the register – end of liquidation The court will order removal of the legal entity from all public registers after the court’s decision to end the liquidation process becomes final. 62 X. BANKRUPTCY PROCEEDINGS BASICS X BANKRUPTCY PROCEEDING BASICS Bankruptcy proceeding17 is carried out when the company is insolvent i.e. the company has an active account but has no funds to pay outstanding debts to its creditors. As a rule, it is considered that a company (debtor) is unable to make payments if the company fails to pay its outstanding payment obligations for 30 calendar days. Bankruptcy is a special non-contentious procedure that is conducted for the purpose of satisfying the bankruptcy creditors. Creditors are satisfied collectively through sale of company property and distribution of proceeds to the creditors. 10.1. How is bankruptcy procedure initiated? The bankruptcy proceeding is initiated by a petition of the debtor and/or a petition of any creditor who has justified legal interest to open the bankruptcy proceedings. The court must consider the petition within 15 calendar days following its receipt. Within this timeframe the judge will pass a decision on the amount of deposit that is necessary for funding of the preliminary hearing. 10.2. What documents must be submitted together with the petition to open the bankruptcy proceedings? In the petition, the creditor is obliged to show that it has a claim against the debtor and that the debtor is unable to make appropriate payments which should be done by attaching appropriate documentation - invoices, final decisions which are basis for the debt and alike. 17 More details about the bankruptcy proceeding can be found in the Guide through bankruptcy proceeding https://www.pravosudje.ba/vstv/facesdocservlet;jsessionid=cc8c10a0283162028cbd9cdc25f26949d901a30f905845 82ad000ad4f7c848b4.e34TbxyRbNiRb40Rbh4Ob3yTbNb0?p_id_doc=50076 64 10.3. Filing of the claim, what is it and what are its elements? During bankruptcy creditors should report their claims against the debtor to the bankruptcy court. This way the bankruptcy court and the bankruptcy trustee will learn about the amount and type of claims against the company and the reported claims will be categorised and ranked according to payment priority. When filing a claim, one must indicate the following: a. Name and address of the creditor, b. Legal grounds (judgment, administrative decision, decision of the competent administrative body, invoices, etc.) and amount of the claim, c. Number of creditor’s transaction account, d. ID number (if legal entity) or the Unique Personal Identification Number (if natural person). If the claims are in a foreign currency, they should be expressed in the local currency. The bankruptcy trustee will catalogue claims of the debtor’s employees up until the date of opening of the bankruptcy procedure. If a court or any other procedure is conducted in relation of a claim, the creditor will state the body before which such procedure is conducted and the case file number under which the claim was filed. The claim is filed in two copies, one for the court and one for the bankruptcy trustee. Example of a claim: MUNICIPAL COURT IN SARAJEVO - reference number: XY St … In accordance with Article 110 of the Law on Bankruptcy of the FBiH ("Official Gazette FBiH" No. 29/2003, 32/2004, 42/2006, 4/2017 – decision of the CT and 52/2018.) I am submitting, in a timely manner 65 THE CLAIM - Bankruptcy proceedings against a company (name of company) Pursuant to the Decision of the addressed court, rendered in the case number above, (date), we hereby declare the monetary claims of the creditor (name of the creditor) against the bankruptcy debtor (name of the company), with the registered office at (address), and according to the information given below. Bankruptcy creditor: (Name); Residence of the Bankruptcy creditor: XY ID number of the Creditor: 000000000000 Bank account of the Creditor: 000000000000 opened at XY; Type of claim: 1. Monetary claim for unpaid performed services (specify) determined by final and enforceable court decision; 2. Monetary claim for compensation of costs of court procedure determined by a final and enforceable court decision; 3. Statutory default interest on the claims referred to in items 1 and 2 (incidental monetary claim). Legal basis of the claim: Judgment for the omission of the Municipal Court in Sarajevo, reference number XY Mals … (date). AMOUNT OF THE CLAIM: XY BAM 1) Principal claim - based on unpaid performed services (specify) in the amount of XY BAM 2) Statutory interest on the amount of the principal claim referred to in the preceding paragraph, for the period as follows: - for the amount of XY BAM, from (date), to (date); - for the amount of XY BAM, from (date), to (date); total amount of XY BAM; 3) Costs of court proceedings in the case of the Municipal Court in Sarajevo no. XY Mals … in the amount of XY BAM. 4) Statutory interest on the claim from the previous point, for the period from (date), to 66 (date), total amount of XY BAM. Evidence: The final and enforceable Decision on waiver, Municipal Court in Sarajevo, number XY Mals … (date); Sarajevo, Bankruptcy creditor (date) by the attorney: ______________________________ Attachments: - Power of Attorney - Final and enforceable Decision on waiver of the Municipal Court in Sarajevo, number XY Mals … (date); - Calculation of statutory interest on the principal claim and costs of court proceedings 10.4. How will the bankruptcy trustee be appointed? The court appoints a bankruptcy trustee from the list of bankruptcy trustees issued by the FBiH Ministry of Justice. 10.5. What is claim payment priority? Claims are paid from the existing unencumbered assets of the company (bankruptcy estate) in line with the following priority order: - Bankruptcy creditors of higher payment priority - claims of higher priority order are (i) labour-related claims of employees and former employees existing on the day bankruptcy procedure was opened - total gross amounts, (ii) severance pay up to amount prescribed by the law i.e. the Collective Agreement, and (iii) damage claims for accidents at work or occupational illnesses; - Bankruptcy creditors of general payment priority - the creditors who, at the time of the opening of the bankruptcy procedure, have a justified property claim against the debtor (bankruptcy creditors); - Bankruptcy creditors of lower payment priority – for example: interest on creditors’ claims from the moment the bankruptcy proceeding was opened, costs of certain creditors incurred by their participation in the proceedings, claims related to some of the debtor’s free of cost services etc. 67 Creditors with lower payment priority will have their claims paid only after the creditors of the higher payment priority have their claims paid in full. The bankruptcy creditors of the same payment priority have their claims paid SURUDWD. The bankruptcy court must record in a table each filed claim, with the data on amounts. The table, together with the accompanying reports and documents, is made available at the court’s premises no later than 8 calendar days before the examination hearing. 10.6. Conclusion of the bankruptcy proceeding Immediately after distribution of assets the bankruptcy judge passes a decision on conclusion of the bankruptcy proceeding. The decision, as well as the reasons for conclusion of the bankruptcy proceeding is published in the Official Gazette of the FBiH. 68 Example of a decision on conclusion of the bankruptcy proceeding: Municipal court in Sarajevo, judge XY, in bankruptcy proceeding against the debtor XY, (address), outside the hearing, 26.4.2018 brought the following DECISION 1. Bankruptcy proceeding is concluded against the debtor in bankruptcy proceeding against (name and address of the company), due to lack of bankruptcy estate, pursuant to Article 132 of the Bankruptcy Law of the Federation of Bosnia and Herzegovina. 2. Bankruptcy trustee's duties (name, surname and address of the trustee) are dismissed. 3. This Decision shall be published in the Official Gazette of the Federation of Bosnia and Herzegovina and on the information board of this Court. 4. Upon the validity of this Decision, the same shall be submitted to the Registry Division of this Court, which is ordered to remove the debtor from the court register. 5. The bankruptcy debtor and the trustee are informed that the legal consequences of the conclusion of the bankruptcy proceeding will occur 15 days after the publication of this Decision in the Official Gazette of the Federation of Bosnia and Herzegovina. Rationale By the Decision of this Court, number: (Decision number), dated 2/27/2018 bankruptcy proceeding was opened over the property of the legal entity (name and address of the company), and (name, surname and address of the trustee) was appointed as the bankruptcy trustee. The announcement on the opening of bankruptcy proceeding was published in the Official Gazette of the Federation of Bosnia and Herzegovina, number (number of Official Gazette), dated XX. 69 On 4/19/2018, the Court held examination and reporting hearings at which the bankruptcy trustee submitted to the Court a report on the filed claims of the bankruptcy creditors, and the Court accepted it. The total reported claims of creditors against the bankruptcy debtor amount to KM XX, of which were determined and recognized claims in the amount of BAM XX, and the disputed claims in the amount of BAM XX. In the higher payment order, the declared claims in the amount of BAM XX were recognized. In the general payment order of reported claims, the amount of XX KM was recognized, of which claims are recognized in the amount of XX BAM and the disputed claim in the amount of XX BAM. The bankruptcy trustee also suggested that since the bankruptcy debtor (company name) has neither permanent nor current assets from which the obligations of creditors would be fully settled, the bankruptcy procedure should be concluded in accordance with Article 132 of the Bankruptcy Law and that, upon the validity of the Decision is deleted from the court register. On the basis of all aforementioned facts, the Court is, pursuant to Article 132, in conjunction with Article 13 and 43 of the Law on Bankruptcy of the Federation of Bosnia and Herzegovina (“Official Gazette of the Federation of Bosnia and Herzegovina”), on (date) decided as it was stated in the Decision. Instruction on legal remedy An appeal against this Decision may be delivered to the Cantonal Court in Sarajevo within eight days from the day of publication of the Decision in the Official Gazette of the Federation of Bosnia and Herzegovina through this Court. The appeal is filed in two copies. (Reference number of the Decision) 70 XI. ENFORCEMENT PROCEDURE BASICS XI ENFORCEMENT PROCEDURE BASICS 11.1. How is enforcement procedure initiated and what are the elements of the motion for enforcement? Enforcement procedure is a court process which is to compel an entity or a person to adhere to its obligations set out in an enforceable document. An enforceable document is usually a court judgment but could also be a notarial document or another other document that the law has identified as enforceable. Enforcement procedure is initiated by a judgment creditor’s motion. A judgment creditor is a person (natural or legal) who initiates the procedure and who has an enforceable document. A judgment debtor is a person (natural or legal) against whom enforcement procedure is initiated. The motion to initiate enforcement must contain name of the court where the enforcement is initiated, as well as the name of the judgment creditor and the judgment debtor. Additionally, the motion must specify the enforceable document and must also provide a proposal of the method of enforcement and a proposal of the decision to be rendered in the enforcement proceedings. It is critical to indicate what is the subject of enforcement (movables or immovable property). For example, if the enforcement is requested by forced collection from the judgment debtor’s account it is necessary to list the numbers of accounts and the name of the bank where the accounts are open. If the enforcement is requested by sale of movables it is necessary to list where the movables are located and to have a court referee, make an inventory of movable items. Before you file a motion for enforcement to the court it is necessary that the enforceable document has a clause of ODZELQGLQJHQIRUFHDELOLW\18 and that the enforceable document with the relevant clause is filed with the motion. If you have no clause, the court will not consider the motion. 18 The first instance body (court) competent to administratively enforce the decision on administrative procedure puts the clause of law binding enforceability. 72 Example of a motion: MUNICIPAL COURT IN SARAJEVO JUDGMENT CREDITOR: “PROMET” ltd. ZENICA, ID number 1234567890123, 10 Privrednička Street, 72000 Zenica, represented by the legal representative Mustafa Mustafić, director JUDGMENT DEBTOR: “KOMERC” JSC Sarajevo, ID number 0123456789012, 233 Berzanska Street, 7100 Sarajevo, represented by the legal representative Sanjin Sanić, director Motion for Enforcement based on an Enforceable Document - on funds on the bank account - 4 copies, power of attorney enclosed I. Based on the final and enforceable judgment of the Cantonal Court in Sarajevo number (provide case file number) of (date), the judgment debtor is obligated to pay to the judgment creditor the costs of the procedure in the amount of BAM 14.500 with the interest at rate set by the law accruing from the day judgment was rendered until the final payment. Evidence: - Judgment with the clause of law binding enforceability; II. The judgment debtor failed to voluntarily within set deadlines meet its obligation referred to in point I of the motion. III. The judgment debtor has funds in its bank account: - no.: _______ opened with __________ IV. As the judgment debtor failed to act in line with an enforceable judgment, i.e. it has not up to-date voluntarily paid the debt set by the aforementioned decision the judgment creditor proposes that the court in line with Article 23, paragraph 1, point 1 and 166 of the FBiH Law on Enforcement Procedure, and in conjunction with enforcement costs in line with Article 16, Article 4 and Article 28, paragraph 2 of the same Law, issues an 73 ENFORCEMENT DECISION Pursuant to final and enforceable judgment number and date ___________, for collection of judgment creditor’s claims namely the costs of the procedure in amount of BAM 14.500 with the interest at the rate set by the law accruing from the day judgment was rendered until the final payment, ENFORCEMENT IS GRANTED by the way of seizure (confiscation) of funds that the judgment debtor has in the bank account: - no.: ______________ and by transfer of these funds to the bank account of the judgment creditor number ____opened with the bank. XY bank is ordered to transfer the seized amount of funds from the aforementioned account to the bank account of the judgment creditor number _____opened with the bank, until complete settlement of judgment creditor’s claims. The judgment creditor request reimbursement of costs of enforcement procedure as follows: - court fees for the motion and enforcement decision DATE, SIGNATURE AND SEAL OF THE PETITIONER 11.2. Who can initiate the enforcement procedure? A judgment creditor can initiate the enforcement procedure. Judgment creditor is a person who either initiated a procedure for the purpose of satisfying a claim, or a person for whose benefit such proceeding was initiated H[RIƓFLR. 74 11.3. What is enforcement decision and what are the elements of the decision? Enforcement decision is a decision by which a motion for enforcement is completely or partially granted or by which the enforcement is ordered H[RIƓFLR. The decision is submitted to the parties to the proceeding and the entities that conduct enforcement (the bank, employer, Pension and Disability Insurance Fund, etc.). The court orders enforcement over assets and items that are listed in the motion for enforcement. The enforcement decision must match the contents of the request for issuing the enforcement decision given in the motion (see part 11.1.). 11.4. Legal remedies: Complaint and Appeal? Complaint and appeal are regular legal remedies19 in an enforcement procedure. The complaint is filed after you receive a first instance decision on enforcement. The court does not monitor the statute of limitations periods H[RIƓFLR, both parties have to do this themselves. The complaint is filed with the court which issued the decision within 8 calendar days from the day the decision was delivered. If there are reasons which are preventing enforcement a complaint against the enforcement decision could be filed. A complaint could particularly be filed if: - The document, used to pass the decision on enforcement, is not an enforceable document or if the document has not become enforceable, - An enforceable document, based on which the decision on enforcement was issued, was cancelled, annulled, modified, or repealed, i.e. if it lost its effectiveness/was determined ineffective, - The parties agreed not to seek enforcement at all or within a certain period of time and this was agreed in a public document or a legally notarized document prepared after the enforceable document was issued, 19 Listed in the Decision 75 - The legal deadline, in which enforcement could have been requested, expired.20 An appeal can be filed against the court decision on the complaint within 8 calendar days from the day the decision was delivered. The appeal is a legal remedy that can be used only when the motion for enforcement was dismissed or rejected. The second instance court will decide on the appeal. +RZWRHIƓFLHQWO\FROOHFWDFODLP" In order to enforce the claim efficiently and successfully you should first check if the debtor has any property. First, it is advised to request access to information on legal entity’s accounts from the Central Bank of BiH. Namely, the report of the Central bank of BiH can show if the debtor’s accounts are closed or frozen. If the accounts are not frozen, you can propose enforcement over funds available at the bank accounts of the debtor. In case that the state is the debtor, the procedure is the same. Still, in this case you should investigate with the competent Ministry of Finance which account is the main account and from which you are to request enforcement. Enforcement over funds of the RS, the FBiH or a canton’s budget will be carried out in the amount set at a particular budget line and in line with the Law on Execution of the Budget. Second, if the debtor’s accounts are closed or frozen, you should then investigate whether the debtor has any other property. There is a possibility that the debtor has movable or immovable property. To check if the debtor owns immovable property you should send a request to access information to the competent Land Registry Office. To check if the debtor has movable property and particularly vehicles you should send a request to the competent Ministry of Interior or the Agency for Identification Documents, Registers and Data Exchange (IDDEEA). A request template is available at the IDDEEA website, and you 20 Additional reasons for complaints can be found in Article 47 of the Law on Enforcement Procedure of FBiH, http://www.oss.ba/dokumenti/Zakon_o_izvrsnom_postupku_FBIH.pdf 76 can simply populate it.21 The judgment creditor chooses means of enforcement that he/she believes will ensure collection of claims. The law prescribes multiple means of enforcement, while in practice settlement is most frequently done by seizing funds available at the debtor bank account, from the value of seized movables, or by sale of debtor’s real estate: a. Settlement through bank account The most favourable situation for the judgment creditor, who wants to enforce a claim, is a solvent debtor whose bank accounts are known to the creditor. The report of the Central bank of BiH will show if the debtor’s accounts are closed or frozen. If the accounts are not frozen, you can first propose enforcement over funds at bank accounts. If there are funds available at the debtor account, the court will order the bank to transfer the enforced amount from the debtor’s account to the creditor’s account. In case there are no funds or funds are insufficient the court will order the bank to submit a report on all transactions – changes in the account which occurred 30 calendar days before the decision on enforcement was issued. If the debtor has no funds in the account, the bank will keep the decision on enforcement and transfer the funds to the creditor once and if any new funds become available. If funds are not available permanently, the court will stop the procedure, informing the creditor and the bank about the reasons. If the debtor has multiple accounts with several banks, the bank where no funds are available will forward the decision on enforcement to the next bank. If enforcing against the government, the petition for enforcement will not contain an account, but it will indicate that the account number belongs to the Ministry of Finance. The government makes payments voluntarily, every year, in line with the payment priority 21 The request template and instructions are available at the following website: https://www.iddeea. gov.ba/ index.php?option=com_content&view=article&id=448%3Aacces-to-information&catid=36%3Acat-modules&Itemid=9 4&lang=bs 77 at the moment of receipt of the decision on enforcement, because budget accounts cannot be frozen. b. Settlement through sale of movable property Enforcement could also be done via sale of movables (most frequently sale of motor vehicles). The information on motor vehicles registered to the debtor can be received from the IDDEEA as noted above. Also, if the creditor does not have information on movables in debtor property, he/she can file a petition for enforcement without specifying exactly which movable assets he/she wishes to enforce over. In this case the court executor will make an inventory of movables and will value them, and the creditor will be paid from the funds generated through the sale of these confiscated items. c. Settlement through sale of real estate Enforcement can also be done by sale of real estate. Information on real estate owned by the debtor can be obtained from the competent Land Registry Office by reference to the address of debtor’s office seat or place of residence. The value of immovable property is determined by expert evaluation or information from the Tax Administration. At the first hearing for auction, the real estate cannot be sold for an amount less than half of its appraised value. If the first sale was unsuccessful, at the second hearing the real estate will not be sold below one third of its appraised value. Parties and other creditors which claims are being settled can agree to sell the real estate for a price lower than the aforementioned, but this agreement has to be entered into the minutes. The highest bidder makes the payment within the time period set by court. Please note that the lienholders (rights based on a registered mortgage) are paid before the petitioner. The judgment creditor can change initial means of enforcement if he/she believes that a different method would be more efficient for enforcement. 78 XII. ALTERNATIVE DISPUTE RESOLUTION XII ALTERNATIVE DISPUTE RESOLUTION Alternative methods of dispute resolution are a good solution for dispute settlement. They preserve good relations between the parties in dispute, help keep permanent business relations and decrease economic and social costs. 12.1. Mediation – basic characteristics Mediation22 in BiH is regulated by uniform laws across the country. Mediation is a process in which a third neutral person (a mediator) assists the parties to reach a mutually acceptable solution to their dispute. The parties may initiate mediation even during the court proceeding. If the court finds it appropriate the court may propose to the parties to settle the dispute by mediation. The advantage of mediation over court settlement of disputes is that mediation is considerably faster, more favourable and a cost-efficient way for the parties to settle the dispute. Mediation is a suitable option for resolution of the disputes if: you feel passionate about restoring good relations with the adverse party; you have an interest to stay in working relations with the adverse party even after your dispute is resolved (business partners, co-owners, founders, co-authors); you wish to settle the dispute because this is in the interest of third parties and yourself; you want to use a dispute resolution mechanism in which you can actively participate. 22 For more information about mediation in Bosnia and Herzegovina please visit the website of the Association of Mediators in Bosnia and Herzegovina www.umbih.ba and see the Guide on mediation in Bosnia and Herzegovina at: http://www.mpr.gov.ba/web_dokumenti/Vodi%20kroz%20medijaciju%20u%20BIH.pdf 80 Experience on use of Mediation in Dispute Resolution23 The parties that used mediation highlight the following positive experiences: - Speed of dispute resolution - most of the mediations were completed within two hours; the process, including preparation, lasted several days or weeks. All parties that have reached an agreement in mediation testify to significant time savings. - Agreements are observed by parties in mediation - most of agreements reached in the mediation process are observed by relevant parties because they were in line with each party’s interests. Solutions are permanent and stable, and about 90% of the parties are satisfied with their contents. - Savings – parties made substantial savings through lower costs of the procedure and faster realization of claims. - Parties keep good standing relations - in a large number of cases parties have remained in good relations and continued to cooperate. - The majority of the parties that failed to reach an agreement in mediation process have still not settled the dispute. The mediation process is led by an individual mediator or a council of three mediators, depending on the will of the parties. The parties jointly select the mediator from the list of mediators kept by the Association of Mediators. If the parties cannot agree on the mediator, the mediator is appointed by the Association of Mediators. The mediation process is initiated by a written mediation contract signed by the parties to the dispute and the mediator. After the mediation contract is signed, the mediator, in agreement with the parties, determines the time and the best place to hold a mediation meeting. 23 Association of Mediators in Bosnia and Herzegovina, From dispute to agreement, Evaluation of two years of regular application of mediation in BiH”, Association of Mediators in BiH and Canadian Judicial Reform Project Canada - Bosnia and Herzegovina, 2009. Available at: https://www.umbih.ba/images/publikacije/od_spora_do_dogovora.pdf 81 The settlement agreement in the mediation process has the power of a writ of execution i.e. it is equivalent to a court decision. Costs of the mediator as prescribed by the document of the Association of Mediators,24 are paid in equal shares by the parties unless otherwise specified in the mediation contract. 12.2. Arbitration – basic characteristics Arbitration25 is one of the alternative ways of dispute resolution where the decision on the dispute is rendered by an arbitrator or the arbitration council. There is always an odd number of arbiters. Arbiters are appointed from the list of arbiters. The list is kept by the president and vice presidents of BiH Foreign Trade Chamber.26 Parties can agree on arbitration before the Foreign Trade Chamber or before other forums. The costs are regulated by the Decision on the Costs of Arbitration before the Foreign Trade Chamber.27 Parties also bear the arbiters’ costs of accommodation, meals, etc. if incurred by the arbiter. Furthermore, the costs for the parties vary depending on whether the arbitration is led by an arbiter individual or by an arbitral council (3 or 5 arbiters). The provisions on arbitration are contained in the Civil Procedure Code of FBiH. However, the parties are allowed to contractually exclude application of domestic procedural law in case of arbitration. The arbitration procedure is different from mediation. If arbitration is agreed, court proceeding will not be initiated while the mediation can be initiated even during the court proceeding. The arbitration procedure is formal, and it follows special rules agreed between the parties. Mediation is more flexible and informal manner of dispute resolution. The parties must conclude an arbitration agreement or incorporate an arbitration clause 24 More information on costs of mediation can be found here: https://www.umbih.ba/dokumenti/pravilnici/ pravilnik_o_nagradi_i_naknadi.pdf 25 More information on arbitration in Bosnia and Herzegovina can be found on the website of the Association Arbitrators www.associationarbitri.com/ 26 Appointment of arbitrators, Article 23 of the Rulebook on arbitration, http://www.komorabih.ba/wp-content/ uploads/2019/02/pravilnik-o-arbitrazi.pdf 27 Costs of arbitration can be found here: http://komorabih.ba/wp-content/uploads/2019/02/tarife-troskova- arbitraze.pdf 82 into a contract under dispute in order to be able to start an arbitration.28 The arbitration agreement may be concluded with respect to a particular dispute but also in respect to any future disputes that may arise from a particular business relationship. The arbitration agreement is valid only if it is concluded in writing and signed by all parties. The arbitration agreement is considered concluded in writing when it is finalized by exchange of letters, telegrams, and facsimile or by other telecommunication means that provide written evidence of a contract. The advantages of arbitration include, LQWHU DOLD, confidentiality of the procedure, lower costs, speed of dispute resolution, decisions, and expertise of arbitrators, easier recognition and enforcement of arbitral awards. Arbitration is a much cheaper and more efficient way of dispute resolution. An arbitral award is also a writ of execution i.e. it is equivalent to a court decision. 28 Recommended arbitration clause can be found here: http://www.komorabih.ba/wp-content/uploads/ 2019/05/Preporucena_arbitrazna_klauzula.pdf 83 XIII. BASIC TERMS OF LITIGATION PROCEDURE XIII BASIC TERMS OF LITIGATION PROCEDURE It is important to know basic terms of litigation procedure. Below you can find a short overview of the terms that you could encounter during court proceeding. Active legitimation/legal Person’s authorisation to be a plaintiff in a particular standing proceeding. Arbitration Arbitration is one of the alternative ways of dispute resolution in which the decision on the dispute is made by an arbitrator or the arbitration council (more information in Chapter Arbitration – basic characteristics). Attorney Authorization for representation that a person has received from the principal by a letter of attorney. Attorney can be a legal entity or a natural person. Bankruptcy court Court with substantive jurisdiction to conduct bankruptcy proceedings on which territory the seat of a legal entity or the residence of an individual debtor (i.e. a general partner in a partnership) is located. Bankruptcy creditor Creditor that at the time the bankruptcy procedure is opened has a property claims against the bankruptcy debtor. Bankruptcy debtor Legal entity or natural person (i.e. general partner in a partnership) against whose property bankruptcy procedure is opened. Bankruptcy debtor is subject of the bankruptcy procedure. Bankruptcy judge Decides on opening and closing of the bankruptcy procedure, appoints bankruptcy trustee, provides directions to the bankruptcy trustee and supervises his/her work. 85 Bankruptcy trustee A natural person (who has a university degree and has passed the bankruptcy trustee exam and is on the list of bankruptcy trustees) appointed by the bankruptcy judge to run the business of the bankruptcy debtor and report to the bankruptcy judge during the conduct of the bankruptcy procedure. Claim Mandatory part of the lawsuit, part of the lawsuit in which the plaintiff details what it requests the court. Commercial dispute A dispute relating to rights and obligations on transactions of goods, services, securities, ownership and other property rights, as well as on rights and obligations arising from securities in which both parties to the proceeding are legal persons or natural persons in the capacity of independent entrepreneurs or persons in any other capacity who perform commercial or other registered activity as primary or secondary business activity. Costs of proceeding Costs of proceeding are court costs (lawsuit fees, judgment/settlement fee, expert evaluation fee and attorney’s fees). Creditor of bankruptcy Person who has claims against the bankruptcy estate (costs of estate bankruptcy proceeding and debts of the bankruptcy estate). Defendant Legal entity or a natural person against whom the lawsuit is brought. Dismissal of the lawsuit The decision of the court to reject the lawsuit without review of the subject matter of the dispute because of procedural issues related to the lawsuit. Enforceable document A document that is the basis on which the claim of the judgment creditor is based. Enforceable documents are: court judgment, executive notary documents, etc. Enforcement procedure A procedure in which the courts conduct coercive collection of claims (procedure of enforcement). 86 Evidence produced Items used to prove assertions set out in the lawsuit. and offered Evidence can be documents, witness or party testimonies, expert evaluation, on-the-spot investigation. Ex officio Powers exercised by an officer (for example a judge) which are not specifically conferred upon him/her. A judge has ex officio powers of a conservator of the peace. Expert evaluation Type of evidence when an expert’s finding and opinion should be obtained as to establish and to assess an important fact. Final judgment A judgment that cannot be appealed but can be contested with extraordinary legal remedies. First instance court Court adjudicating in the initial (first) procedure. First instance A procedure before the court from the moment lawsuit is settlement of disputes filed until rendering of the first instance judgment. Hearing The time at which the parties to the proceeding come to a designated place (usually the court) to discuss matters of significance for dispute resolution. Interim measure Interim measures are measures which are used to secure claims which can be brought before courts in FBiH/RS. The types of interim measures available in the BiH are interim measures relating to: (i) monetary claims; (ii) non-monetary claims relating to particular property or part(s) of property; and (iii) the securing of other rights or regarding the maintenance of an existing state of affairs. Judgment creditor A judgment creditor is a person (natural or legal) who initiates the procedure and who has an enforceable document. 87 Judgment debtor A judgment debtor is a person (natural or legal) against whom enforcement procedure is initiated. Lawsuit An action to initiate a court proceeding. Legal entity/person “An artificial person” that has legal rights and obligations such as: legal possibility of drafting contracts, to sue or to be sued, to perform its activity, etc. It is a person, most commonly an organisation or a company (business). Legal remedy An instrument at parties’ disposal used to request competent court to re-examine a court decision. Liquidation A procedure by which a solvent company ceases to exist. Liquidation court A court that has jurisdiction to conduct bankruptcy proceeding in line with the FBiH Law on Bankruptcy Proceeding, i.e. a court with substantive jurisdiction on which territory the legal entity’s seat or individual debtor’s place of residence is located. Liquidator A person conducting liquidation, i.e. examining property, claims and obligations of the company facing liquidation. Litigants Parties to the proceeding, i.e. plaintiff and defendant. Litigation proceeding A court procedure in which the court discusses and adjudicates civil law disputes (e.g. collection of claims arising from sales contract, etc.). Main hearing Represents a series of procedural actions by the parties and the court undertaken to determine facts to which the court will apply law when delivering the decision. It is necessary for delivering of first instance decision, except in cases expressly prescribed by the law. Maturity Represents a moment when a claim can be collected. 88 Mediation Mediation is a process by which a third neutral person (a mediator) assists the parties in an effort to reach a mutually acceptable resolution of the dispute. Minute Document that contains information on everything that happened at a particular hearing. The minute is drawn by a court recorder based on statements that the judge dictates during the hearing. Natural person A human being or a person that holds legal capacity. Non-final judgment A judgment against which either plaintiff or a defendant can file an appeal. Passive legitimation Person’s authorisation to be defendant in a particular procedure. Plaintiff Legal entity or natural person who files a lawsuit before a court and demands that the other party fulfills obligation or the court to determine certain state of affairs. Precisely defining Defining a claim during the course of proceeding the claim depending on evidence and discovered facts. The claim can be defined more precisely in part concerning e.g. amount of the claim, date at which interest starts accruing, child visiting model, amount of proceeding costs, etc. Preparatory hearing First hearing during which, typically, evidence to be heard at the main hearing is proposed and during which the timeframe of the proceeding is determined. Response to the A written response where the defendant responds to lawsuit the assertions made by the plaintiff in the lawsuit. Second-instance Court adjudicating in an appellate procedure.29 court Settlement An agreement between the parties on the matter of dispute (in terms of entire or a portion of the claim). It can be court settlement (if concluded before competent court) or an out of court settlement. 29 Municipal court is first instance court, while the cantonal court is second instance court 89 Statute of limitations A period after which it is no longer possible to perform an action or a period after which certain right is lost. Submission A document submitted to the court. Submissions can be lawsuit, countersuit, reply to the lawsuit and legal remedies. Substantive and territorial Substantive jurisdiction of the court is determined in relation jurisdiction to the subject matter of the dispute, and territorial jurisdiction in relation to the parties’ place of residence/office seat location. Timeliness Acting within the time limit (deadline). 90 A1 A ANNEX I Links to the laws on court fees, calculators of court fees and costs of proceeding ANNEX I Links to the laws on court fees, calculators of court fees and costs of proceeding Court fees for a lawsuit, countersuit, motion for retrial, motion to recognize decision of foreign court or decision of foreign arbitral tribunal, are paid based on the Value of Matter in Dispute (VMD) as shown in tables below. Sarajevo Canton30 Bosnia-Podrinje Canton32 VMD (BAM) Court fee (BAM) VMD (BAM) Court fee (BAM) up to 500 20 up to 500 20 over 500 to 1,000 5% of VMD over 500 to 1,000 30 over 1,000 to 5,000 4% of VMD over 1,000 to 1,500 50 over 5,000 3% of VMD over 1,500 to 3,000 100 maximum 10,000 over 3,000 to 5,000 150 over 5,000 to 10,000 200 over 10,000 to 25,000 300 Zenica-Doboj Canton31 over 25,000 to 50,000 500 VMD (BAM) Court fee (BAM) over 50,000 to 75,000 750 up to 500 20 over 75,000 to 100,000 1,000 over 500 to 1,500 50 1,000 + 0,5% over 100,000 over 1,500 to 3,000 80 difference over over 3,000 to 10,000 150 maximum 5,000 over 10,000 to 50,000 300 over 50,000 to 100,000 500 over 100,000 1% of VMD maximum 8,000 30 Page 9, Tariff no. 1, the Law on Court Fees of Sarajevo Canton is available at: http://www.oss.ba/dokumenti /ZAKON%20O%20SUDSKIM%20TAKSAMA%20KS.pdf 31 Page 11, Tariff no. 1, the Law on Court Fees of Zenica-Doboj Canton and the Guide to the Law on Court Fees are available at: https://opsud-zenica.pravosudje.ba/vstv/faces/vijesti.jsp?id=4299 32 Page 39, Tariff no. 1, the Law on Court Fees of Bosnian-Podrinje Canton is available at: https://www.pravosudje. ba/vstv/faces/vijesti.jsp?id=21144 92 Tuzla Canton33 Posavina Canton34 VMD (BAM) Court fee (BAM) VMD (BAM) Court fee (BAM) up to 500 20 up to 1,500 50 over 500 to 1,500 50 over 1,500 to 3,000 100 over 1,500 to 3,000 80 over 3,000 to 10,000 200 over 3,000 to 10,000 150 over 10,000 to 50,000 500 over 10,000 to 50,000 300 over 50,000 to 100,000 1,000 over 50,000 to 100,000 500 over 100,000 1% of VMD maximum 8,000 maximum 10,000 Central Bosnia Canton 35 Herzegovina-Neretva Canton36 VMD (BAM) Court fee (BAM) VMD (BAM) Court fee (BAM) up to 500 20 up to 1.500 45 over 500 to 1,500 50 over 1,500 to 3,000 90 over 1,500 to 3,000 80 over 3,000 to 10,000 180 over 3,000 to 10,000 150 over 10,000 to 50,000 450 over 10,000 to 50,000 300 over 50,000 to 100,000 900 over 50,000 to 100,000 500 over 100,000 0.9% of VMD over 100,000 1% of VMD maximum 9,000 maximum 8,000 33 Page 5, Tariff no. 1, the Law on Court Fees of Tuzla Canton is available at: https://www.pravosudje.ba/vstv/faces/ kategorijevijesti.jsp?ins=32&modul=5999&kat=6008&kolona=6009 34 Page 6, Tariff no. 1, the Law on Court Fees of Posavina Canton is available at: https://www.pravosudje.ba/vstv/ faces/kategorijevijesti.jsp?ins=2&modul=6553&kat=6562&kolona=6563 35 Page 6, Tariff no. 1, the Law on Court Fees of Central Bosnia Canton is available at: https://www.pravosudje.ba/ vstv/faces/kategorijevijesti.jsp;jsessionid=4a9ba86d795815d85fddd3a535bbf213c518a20bab7c730de7837da52 e94ce03.e34TbxyRbNiRb40Pbx4LaxaMaxj0?ins=51&modul=1108&kat=1119&kolona=1122 36 Page 10, Tariff no. 1, the Law on Court Fees of Herzegovina-Neretva Canton is available at: https://www. pravosudje.ba/vstv/faces/kategorijevijesti.jsp?ins=7&modul=5795&kat=5804&kolona=5805 93 West Herzegovina Canton37 Canton 1038 VMD (BAM) Court fee (BAM) VMD (BAM) Court fee (BAM) up to 1,500 50 up to 500 20 over 1,500 to 3,000 100 over 500 to 1,000 30 over 3,000 to 10,000 200 over 1,000 to 1,500 50 over 10,000 to 50,000 500 over 1,500 to 3,000 100 over 50,000 to 100,000 1,000 over 3,000 to 10,000 200 over 100,000 1% of VMD over 10,000 to 50,000 500 maximum 10,000 over 50,000 to 100,000 1,000 over 100,000 1% of VMD maximum 10,000 Una-Sana Canton39 VMD in BAM Court fee (BAM) up to 1,000 5% of the VMD over 1,000 up to 5,000 4% of the VMD over 5,000 3% of the VMD maximum 10,000 37 Page 7, Tariff no. 1, the Law on Court Fees of West-Herzegovina Canton is available at: https://www. pravosudje.ba/vstv/faces/kategorijevijesti.jsp?ins=63&modul=3764&kat=3773&kolona=3774 38 Page 10, Tariff no. 1, the Law on Court Fees of Canton 10 is available at: https://ksud-livno.pravosudje.ba/vstv/ faces/vijesti.jsp?id=10774 39 Page 7, Tariff no. 1, the Law on Court Fees of Una-Sana Canton is available at: http://vladausk.ba/v4//files/ media/pdf/59c2533103ed56.62012518_Zakon%20u%20sudskim%20taksama%20Unsko-sanskog%20kantona.pdf 94 To calculate court fees, you can use the court fee calculators available at the following links: Canton Sarajevo: https://www.pravosudje.ba/vstv/faces/taxCalculator. jsp?ins=9&modul=4452&kat=4461&kolona=4462 Zenica-Doboj Canton: https://www.pravosudje.ba/vstv/faces/taxCalculator. jsp?ins=43&modul=1392&kat=1403&kolona=1406 Tuzla Canton: https://www.pravosudje.ba/vstv/faces/taxCalculator. jsp?ins=32&modul=5999&kat=6008&kolona=6009 Posavina Canton: https://www.pravosudje.ba/vstv/faces/taxCalculator. jsp?ins=2&modul=6553&kat=6562&kolona=6563 Herzegovina-Neretva Canton: https://www.pravosudje.ba/vstv/faces/taxCalculator. jsp?ins=7&modul=5795&kat=5804&kolona=5805 West Herzegovina Canton: https://www.pravosudje.ba/vstv/faces/taxCalculator. jsp?ins=63&modul=3764&kat=3773&kolona=3774 Canton 10: https://www.pravosudje.ba/vstv/faces/taxCalculator. jsp?ins=10&modul=5496&kat=5505&kolona=5506 95 Una-Sana Canton: https://www.pravosudje.ba/vstv/faces/taxCalculator. jsp?ins=1&modul=6917&kat=6926&kolona=6927 To calculate costs of proceeding40 at courts in BiH, you can use the costs of proceeding calculator available at: https://www.pravosudje.ba/vstv/faces/TariffCalculator. jsp?ins=10001 40 For more details about costs of proceeding at courts in BiH, please visit the following website: https:// www.pravosudje.ba/vstv/faces/vijesti.jsp?id=73284&vijesti_jezik=S 96 A2 A ANNEX II Contact details of courts and organizations or institutions that can provide additional referrals ANNEX II Contact details of courts and organizations or institutions that can provide additional referrals 0XQLFLSDO&RXUW%LKDÉ Municipal Court Orašje Address: Bosanska 4, 77000 Bihać Address: Zaobilaznica b.b., 76270 Orašje Phone: 037/224-180 Phone: 031/712-073 or 031/716-800 Fax: 037/224-181 Fax: 031/716-804 Website: https://opsud-bihac. Website: https://opsud-orasje.pravosudje.ba/ pravosudje.ba/ E-mail: opsud-orasje@pravosudje.ba or E-mail: opcinskisud.bihac@bih.net.ba opcinski.sud.orasje@tel.net.ba Municipal Court Tuzla Municipal Court Zenica Address: Maršala Tita 137, 75000 Tuzla Address: Trg BiH 2, 72000 Zenica Phone: 035/307-208 Phone: 032/465-700 or 032/465-701 Fax: 035/266-234 Fax: 032/465-705 Website: https://opsud-tuzla. Website: https://opsud-zenica.pravosudje. pravosudje.ba/ ba/ E-mail: opsud-tuzla@pravosudje.ba E-mail: opsudze@bih.net.ba or opsud- zenica@pravosudje.ba 0XQLFLSDO&RXUW*RUDĻGH Municipal Court Sarajevo Address: Zaima Imamovića 3, 73000 Address: Šenoina 1, 71000 Sarajevo Goražde Phone: 033/567-680 Phone: 038/221-041 Fax: 033/208-993 Fax: 038/221-041 Website: www.oss.ba Website: https://opsud-gorazde. E-mail: info@oss.ba pravosudje.ba/ E-mail: opsudgor@bih.net.ba 98 Municipal Court Mostar Municipal Court Livno Address: Maršala Tita 94, 88104 Mostar Address: Trg Branitelja 1, 80101 Livno Phone: 036/501-100 or 036/501-101 Phone: 034/203-344 Fax: 036/558-895 Fax: 034/206-128 Website: https://opsud-mostar. Website: https://opsud-livno.pravosudje.ba/ pravosudje.ba/ E-mail: opsud-livno@pravosudje.ba E-mail: - Municipal Court Travnik Municipal Court Široki Brijeg Address: Vezirska 2, 72270 Travnik Address: Pobijenih franjevaca 1, 88220 Široki Phone: 030/547-300 Brijeg Fax: 030/547-350 Phone: 039/705-381 Website: https://opsud-travnik. Fax: 039/706-238 pravosudje.ba/ Website: https://opsud-sirokibrijeg. E-mail: opsud-travnik@pravosudje.ba pravosudje.ba/ E-mail: opsud-sirokibrijeg@pravosudje.ba Note: The aforementioned municipal courts all have commercial divisions. Contact details of municipal courts which do not have commercial divisions and of cantonal courts can be found at: https://www.pravosudje.ba/vstv/faces/kategorijevijesti.jsp?ins=10001& modul=7734. Individual employees (except in Municipal Court Sarajevo) can be contacted via the following e-mail address: firstname.lastname@pravosudje.ba, for example: marko. maric@pravosudje.ba. 99 For additional information41, you can contact the following institutions/organizations: Trade chambers42: - Chamber of Economy of Bosnian-Podrinje Canton, www.pkbpk.com - Chamber of Economy of Canton 10 - Chamber of Economy of Central-Bosnia Canton - Chamber of Economy of FBiH, http://www.kfbih.com/ - Chamber of Economy of Herzegovina-Neretva Canton - Chamber of Economy of Posavina Canton - Chamber of Economy of Sarajevo Canton, www.pksa.ba - Chamber of Economy of Tuzla Canton, www.kpktz.ba - Chamber of Economy of Una-Sana Canton, www.pkusk.com - Chamber of Economy of West-Herzegovina Canton - Chamber of Economy of Zenica-Doboj Canton, www.pkzedo.ba - Foreign Trade Chamber of Bosnia and Herzegovina, http://www.komorabih.ba/ - Regional Development Agency (REZ), www.rez.ba - Regional Development Agency for Herzegovina (REDAH), www.redah.ba - Sarajevo Economic Region Development Agency (SERDA), www.serda.ba Associations: - Association Arbitri, www.associationarbitri.com - Association for Democratic Initiatives (ADI), www.adi.org.ba - Association for Development NERDA, www.nerda.ba - Association of Bankruptcy Trustees of BiH - Association of Employers of FBiH, www.upfbih.ba - Association of Judges of FBiH, www.usfbih.ba - Association of Legal Associates and Advisors in the Courts and Prosecutor’s Offices in BiH, www.ussbih.pravosudje.ba - Association of Mediators in Bosnia and Herzegovina, www.umbih.ba - Association of Women Judges in BiH, www.uzsbih.ba 41 The organizations/institutions listed do not necessarily provide legal aid but may provide additional information/advice or make a referral. 42 Contact information of trade chambers in FBiH can be found here: http://www.komorabih.ba/privredne- komore-u-bih/ 100 - Law Institute in Bosnia and Herzegovina, www.lawinstitute.ba - Vaša Prava BiH, www.vasaprava.org Bar associations: - Regional Bar Association Bihać, http://www.advkombihac.ba/ - Regional Bar Association Mostar, https://www.advokomfbih.ba/regionalna-advokatska- komora-mostar/ - Regional Bar Association Sarajevo, http://www.rak-sa.ba/ - Regional Bar Association Tuzla, http://www.raktz.ba/ - Regional Bar Association Zenica, https://www.advokomfbih.ba/regionalna-advokatska- komora-zenica/ - The Bar Association of Federation of Bosnia and Herzegovina, www.advokomfbih.ba 101