The Basic Court is the first court where you begin your proceedings, and this court handles all types of cases. In addition, the Basic Court of Pristina is the only one that has competence to deal with commercial matters from all over Kosovo, which are handled by the Commercial Matters Department in the first instance.
Commercial matters include:
– Disputes between domestic and foreign economic persons in their commercial affairs
– Reorganization, bankruptcy and liquidation of economic persons, unless otherwise provided by Law
– Disputes regarding obstruction of possession, with the exception of immovable property
– Disputes regarding impingement of competition, misuse of monopoly and dominant market position, and monopolistic agreements
– Protection of property rights and intellectual property
– Disputes involving aviation companies for which the law on aviation companies applies, excluding traveler disputes
Any natural or legal person may be party to disputes that are handled by the Commercial Matters Department.
As a general rule, all cases before the Commercial Matters Department of the Basic Court shall be heard by one (1) professional judge. The appeals against the decisions of the Basic Court Commercial Matters Department are filed with the Court of Appeals in Pristina.
In dealing with cases that are filed with the specialized Commercial Matters Department, the judges working in this department of the Basic Court of Pristina are guided by a broad range of specialized laws, such as: the Law on Obligations, the Law on Contract of Sale, the Law on Execution Procedure, the Law on Bankruptcy and Liquidation, the Law on Trademark, the Law on Business Organizations, the Law on Intellectual Property, along with laws on immovable property, and property transfer.
The Commercial Matters Department ensure that disputes of a commercial nature are resolved in a more efficient and timely manner, and that the business environment in Kosovo adheres to international standards and norms.