The Chamber of Private Enforcement Agents of Kosovo (CPEAK) has reacted harshly to a ruling by the Commercial Court, describing it not as a simple judicial error, but as an alarming anomaly that directly threatens the foundations of legal certainty in the country. The reaction comes after the publication of Ruling KPPP.no.500/2025 dated June 13, 2025.
The specific case relates to the execution of a final decision of the International Arbitration of the International Chamber of Commerce (ICC) in London, which had previously been recognized and declared enforceable by the Commercial Court itself. The debtor in this case, Telekom of Kosovo JSC, had exhausted all legal remedies up to the Supreme Court, but the order allowing enforcement had been upheld in all instances.
However, the new ruling by Judge Arben Toska obliges the private enforcement agent Flamur Bogaj to return the sum of 4,483,945.30 euros. The Chamber emphasizes that this decision is in flagrant violation of the law, as the private enforcement agent is an enforcement body, just like the Court when it acts as an enforcement body for matters of returning employees to work or for family matters, as defined in the Law on Enforcement Procedure, and not a party to the procedure. The funds collected from the debtor have been transferred to the creditor in accordance with the law, and the enforcement agent cannot be ordered to return them.
According to CPEAK, this decision creates an extremely dangerous precedent by treating the enforcement agent as a party and unlawfully imposing an obligation on them. The Chamber also claims that this ruling gives legitimacy to a false public narrative that portrays enforcement agents as "looters," fueled by various political and media actors.
In conclusion, the Executive Board of the Chamber calls on the Kosovo Judicial Council and the Second Instance Chambers of the Commercial Court to intervene to correct this "scandalous decision."
Below you can find the reaction of the Executive Board of the Chamber of Private Enforcement Agents of Kosovo:
