The Tivat-based company Manor Hotels, which owns the Casa Manor hotel, has filed an appeal to the second-instance commission of the Public Enterprise for the Management of Marine Assets, requesting the annulment of the decision to lease the hotel beach at Seljanovo to the Podgorica-based company General Invest. Manor Hotels claims that the decision is illegal and that the evaluation process should be carried out again.
The appeal states that the decision to select the most favorable bidder was based on inaccurate facts and incorrect application of material law. The company requests that the second-instance body annul the decision and return the case for reconsideration by the first-instance body, in order for a lawful and correct decision to be made.
Two companies, Manor Hotels and General Invest, which owns the Porto Palace hotel, submitted offers for the seasonal lease of a 71-meter-long hotel beach at Seljanovo. The minimum starting price for the lease was set at 7,365 EUR. The public call was open to owners or tenants of high-category hotels (4 or 5 stars) located within the first coastal strip. If no bidders meet this requirement, owners of high-category hotels within 250 meters of the beach were also eligible to participate.
The first-instance commission determined that Manor Hotels’ offer was formally ineligible because Casa Manor is located inland, not in the first coastal strip, and thus did not meet the public call requirements. The tender commission ranked General Invest’s offer first, as Porto Palace is located within the first coastal strip. Subsequently, scoring was based on the offered price and references.
Manor Hotels disputes this assessment, arguing that the Porto Palace hotel is located more than 250 meters from the beach, while Casa Manor is within the required distance. According to Manor Hotels, the southernmost point of their property is 72.92 meters from the beach, while Porto Palace is 271.23 meters away.
Manor Hotels insists that they meet the criteria for participation in the public call, whereas General Invest does not. The company claims that the tender commission failed to take this into account, which led to incorrect facts being established and, as a result, the wrong application of the law. Manor Hotels argues that if the commission had considered these facts, it would have chosen their offer as the most favorable. Thus, the company concludes that neither General Invest nor Manor Hotels has a hotel located in the first coastal strip, and therefore the conditions for the public call were not met.
