<div>Soud: The lawsuit of Amádeus Real against Ostrava is justified</div>

Source
David Moravec
Publisher
ČTK
29.08.2016 14:45
Czech Republic

Ostrava

Ostrava - The lawsuit filed by the developer company Amádeus Real against Ostrava, which is related to the construction of the shopping center Ostravica in the city center, is justified. This was decided by the District Court in Ostrava some time ago, which now still needs to determine the amount of damages. Today, court spokesman Lukáš Delong said this to ČTK. The company demands 1.5 billion crowns for the failed investment. However, the Ostrava city hall does not recognize the claim and intends to appeal the court's decision.


"The court issued an interim ruling and stated that the lawsuit is justified. In the next proceedings, the amount of damages will be determined. The decision was made on August 18, and both parties have a fifteen-day period for appeal,"
Delong said. The date for the next hearing is not yet known. "Now it remains to be seen whether the parties will reach an agreement based on the interim ruling," the spokesman said.

The city's representatives disagree with the decision. "We disagree with the interim ruling and will prepare an appeal in this matter, which we will submit as soon as possible," said Mayor Tomáš Macura (ANO) to ČTK. The plaintiff does not want to comment on the details. "I can confirm this ruling, but due to the ongoing dispute, we will not provide further details for the time being," said the media representative of Amádeus Real, Karel Samec, to ČTK.

The Ostrava court has been dealing with the dispute since May. The developer's lawyer, Tomáš Politzer, stated in court that the company incurred damage due to the failure to execute the project in Ostrava, for which the defendant party is liable for compensation. "The defendant is also required to return to the plaintiff the amount received for the payment of the purchase price of the land," said the lawyer. According to him, the total amount of claims exceeds 1.5 billion. Before the trial began, the amount was 220,000 crowns higher. The developer withdrew part of the claim, and the judge accepted it.

The legal representative of Ostrava, Luboš Fojtík, disagrees with the claim. "The amount is not calculated correctly. We propose a revision expert opinion as evidence," he said. He stated that this is only a precaution. He is convinced that the lawsuit cannot be successful. "I believe that the lawsuit should be dismissed for a number of reasons," Fojtík said.

The company Amádeus Real was preparing to build a shopping center in the center of Ostrava. In 2012, it withdrew from the purchase agreement for the land in Dr. Edvard Beneš Square, where the commercial complex was to be built. This happened after the central city district of Moravská Ostrava and Přívoz did not grant permission for the placement of the building, which was granted to the company only later. However, the city did not recognize the withdrawal from the contract. On the contrary, it is in a legal dispute with the developer over the payment of installments of the purchase price for the land and contractual penalties.

According to him, the dispute complicates any adjustments to the square, as it also concerns the ownership of the land. The total purchase price for the land exceeded 83 million crowns. However, the developer only paid part of it and subsequently withdrew from the contract.
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