The Council of the Cantonal Court in Mostar passed on 15.06.2022. of the second-instance verdict in the case of the plaintiff Lidija Berberović and others, which changes the first-instance verdict in such a way that the plaintiff’s claim is rejected in its entirety.

The second-instance verdict established that the plaintiffs are not exclusively members of the Serbian people nor are they members of the Orthodox religion, nor are the expropriated properties on the subdivision of Corridor Vc Mostar south ​​- Kvanj tunnel exclusively owned by members of one nation or one religion, but belong to persons of different nationalities and of different religions.

The Cantonal Court in Mostar found that there are no conditions at all for qualifying the defendant’s behavior as discriminatory, it was not established that the defendant committed discrimination, because the group that considers itself discriminated against, i.e. the group whose properties were expropriated for the purpose of building the Vc corridor, are not only returnees and not exclusively Serbs, and the comparison group is not made up only of persons of Bosniak and Croat nationality and of Islamic and Catholic religion, but members of all nationalities, so it was not a basis for the adoption of the plaintiff’s claim.

Also, the court found that the Parliament of the FBiH and the Government of the FBiH did not exceed their competences when adopting the Spatial Plan of the area of ​​special features of importance for the FBiH “Motorway on Corridor Vc” for a period of 20 years, as well as the decision on determining the public interest for the South Mostar section. ​​- the Kvanj tunnel, because they made decisions based on the Constitution and the Law on Expropriation in the public interest, and the public interest is always above individual interest. Decisions made in the public interest are binding for all persons concerned, and individuals who do not agree with them, such as the plaintiffs in this case, are obliged to respect them, because there was a legitimate goal for the adoption of the Spatial Plan and the Decision.

You can view the second-instance verdict HERE.

Press JP Autoceste FBiH