The lawsuit states that the purpose of preliminary contract was joint management and future exploitation of gemstone opal on the territory of Montenegro and other countries, as well as development of a joint plan in order to acquire profits, after which a final contract would be signed. The lawsuit states that the opals originate from South African Republic, and at the moment of signing the contract they were stored in the customs zone of Zurich airport. Ćupić was due to complete customs procedure and acquire necessary permits for customs in Montenegro, as well as transport to safe in Montenegrin bank.
“On September 28th 2011, damaged parties arrived to Podgorica from Zurich carrying gemstones opal, for which they had all necessary proprietary documents. They went through the system of green passage because they had a preliminary contract with the sued party who had an obligation to arrange customs. However, he did not fulfill his obligation, and after the damaged parties left the customs, he took opals and put them in many safes in his name, disrespecting the preliminary contract. When he refused to return the gemstones, the damaged parties reported him to the Police. Misdemeanor procedure put damaged parties at a fault for customs misdemeanor of not reporting their luggage to customs, even though that was the responsibility of the sued party. The damaged parties got monetary penalty and gemstones were taken from them with a proclamation that came in force on April 24th 2013”, the lawsuit reads.
