Summary:
A company from the area of Celje sued the Republic of Slovenia for damages that arose due to unlawful conduct of one of its public bodies, specifically a certain court, which wrongfully served a lawsuit to a defendant in some other proceeding, which the aforementioned company initiated against it. The defendant in this proceeding was a company from the Republic of Macedonia. The court served the lawsuit to the company from Macedonia directly by post to the Republic of Macedonia, even though the bilateral convention between the Republic of Slovenia and the Republic of Macedonia specifies that court documents should be issued through diplomatic or consular channels. The defending company from Macedonia ignored the court's summon and did not reply to it, which is why the court issued a default judgment, which became final, but the company from the area of Celje could not achieve the recognition and enforcement of the judgment in Macedonia, as the Macedonian court deemed the lawsuit as wrongfully served.
Summary:
Members of management and supervision bodies of companies often encounter situations, when they must make a certain business decision in uncertain circumstances and based on certain assumptions and suppositions. A business decision therefore always carries a certain amount of risk that the decision subsequently turns out to be a bad one, even though in the beginning, it was considered beneficial for the company and was also accepted by members of management and supervision bodies in good faith that the decision will be beneficial for the company. In time of economic crisis the tendency to look for culprits for "bad" business decisions, made in the past, which brought the company financial difficulties, increases. That is why it is so important to separate unlawful conduct of members of management and supervision bodies (not acting in good faith, unlawful personal gain at the company's expense, acting in contradiction to the concepts of duty of care and duty of loyalty etc.) from business decisions that only subsequently turned out to be wrong and harmful for the company. In the latter, management cannot be reproached with unlawful action. If the belief arises, that executives could have made better decisions, this can be cause to replace members of the management and supervision bodies, but it is not cause in itself for their liability for the damages caused.