Date: 20 July 2020 Cert.No.: 09/2020 i Page 1 of 80 Submitted for action: to the authorities and institutions of the Republic of Croatia. ‘Submitted for action: to the European Commission and EU competent authorities /Stamp — acknowlegdement of receipt: Centre for Reconstruction and Sale, document received on 24 October 2019, Reg.No. —, Org.unit —, Ref.no.-—, ‘Attachment, Time:-- /Stamp-acknowlegdement of receipt: Ministry of Justice, other parts of the stamp illegible/ /stamp- acknowlegdement of receipt: 50302 GOVERNMENT OF THE REPUBLIC OF CROATIA, OFFICE OF THE PRESIDENT OF THE GOVERNMENT OF THE REPUBLIC OF CROATIA, received: 23 October 2019, Reg. No.: ~-, Org. Unit: 50302, Ref.no: /illegible/, Attachment: -~. Time: INSTITUTIONAL CRIME - ABUSIVE AND ILLEGAL PRACTICES OF THE STATE AND JUDICIAL AUTHORITIES OF THE REPUBLIC OF CROATIA, WHICH IMPEDED THE IMPLEMENTATION OF THE PROJECT "FANTASYLAND SHMIDHEN" IN SAMOBOR, CROATIA, 2009 — 2019 submitted to all the embassies in the Republic of Croatia In Zagreb, 21 October 2019 CECE cu mer eae | Serer ry etree SEtry.y}Date: 20 July 2020 Cert.No.: 109/2020 ‘About the PROJECT "FANTASYLAND SHMIDHEN" Page 2 of 80 ‘The building complex “Fantasyland Shmidhen” covers a land area of more than 300,000 m2 intended For ‘building the water and fun park and the Shmidhen hotel resort. The company Fantazija projekt Ltd. and the former Croatian Privatization Fund are the co-owners of the ideal part of the Shmidhen land area of 202,404 m2, namely the company Fantazija projekt Ltd. owns 100% of all the facilities, in total 50,000 m2 of gross surface area (GSA) (hotel, motel, swimming pools, swimming facilities, ‘The Agreement on the Right to Build between the Croatian Privatization Fund (CPF) and Fantazija projekt Ltd. ‘was concluded in 2007 with the consent of the Government of the Republic of Croatia and the Publi Prosecutor's Offic After the Fantasyland Group of companies (Fantazija projekt, Fantazija vodeni park, Fantazija zabavni park and Fantazija hotell - all Limited liability companies) had carried out all the preparatory activities, and had made significant investments needed for the implementation of the Fantasyland Shmidhen project, which hhad lead them to only one step away from obtaining the approved and binding project documentation for building the water park as the first phase of the construction project, and the fun park and hotel resort as the second and third phases of the project “Fantasyland Shmidhen”, a number of misuses and illegalities were committed by the Croatian Privatization Fund (hereinafter: CPF), the State Property Management Agency {hereinafter: SPMA}, the Centre for Restructuring and Sales (hereinafter: CRS), and other authorities and institutions in charge of and superior to the CPF, SPMA and CRS (CPF Management Board, CPF Supervisory Board, CRS Governing Council, State Office of the State Property Management (hereinafter: SOSPM), Ministry for State Property Management, Government of the Republic of Croatia, Public Prosecutor's Office, etc.) who to this day, now for more than 10 (ten) years, have been impeding the implementation of the Fantasyland Shmidhen project. {mn the period 2007 - 2009, the FANTASYLAND Group had carried out all the preparatory activities for the realization of the project, among others: : resolved all the proprietary and legal relationships and removed the listings of disputes from the land books of the Municipal Court in Samobor on the subject land area Shmidhen intended for the construction of a water park as the first phase of the construction of the project "Fantasyland Shmidhen", - resolved all proprietary and legal relationships and removed listings of disputes from the land books in the Municipal Court related to the land area Shmidhen in Samobor intended for reconstruction and construction of the hotel resort as the second phase of the construction of the building complex "Fantasyland Shmidhen" + carried out a detaited spatial plan of the project "Shmidhen I" in the zone of the construction of the water park initiated the Urban plan for the construction of the entertainment and sport complex Fantasyland Shmidhen : the company Fantazija vodeni park applied for and obtained the permits for the removal of the dilapidated facilities from the area intended for the construction of the water park Fantasyland ‘Shmidhen (swimming pools, swimming facilities, ..) - ‘the company Fantazija vodeni park performed the construction works of removal of the dilapidated facilities from the area intended for the construction of the Fantasyland Shmidhen water park complex (swimming pools, swimming facilities, .) : the company Fantazija vodeni park prepared the project documentation for the construction of the outdoor and indoor water park of the Fantasyland Shmidhen complex in alignment with the approved detailed spatial plan of Shmidhen 1 - the company Fantazija hoteli obtained the permission to remove the dilapidated facilities from the Fantasyland Shmidhen hotel resortarea (hotel, mote, . : the company Fantazija hoteli carried out the construction work of the removal of the dilapidated facilities on the Fantasyland Shmidhen hotel resort area (hotel, motel, ..) : the company Fantazija hoteli obtained a valid focation permit for buitding the 2— S Date: 20 July 2020 Cert.No.: 109/2020 Page 3 of 80 EE (two) hotels (4 * and 5 *) as the second phase of building the Fantasyland Shmidhen complex = performed geothermal and geomechanical research = prepared the project documentation, and received the location permits for the construction of the external infrastructure of the Fantasyland Shmidhen complex (roundabout, roads, promenades, flyover.) - received all approvals, which define the final appearance, surface areas and facilities of the Fantasyland Shmidhen water park and hotel resort purchased the land parcel for the needs of the Fantasyland Shmidhen complex = covered all the debts of the former landowners owed to the Fund for Indemnification of the Confiscated Property based on the compensation decisions issued by the authorities for the compensation of the confiscated property - prepared the marketing and communications strategy and visual identity of the companies Fantazija projekt, Fantazija vodeni park, Fantazija zabavni park, Fantazija hoteli and Fantazija sport - carried outall the preparatory activities for the project initiation (design, construction supervision, management, recruitment, marketing, legal issues, trainings, etc.) - prepared the subdivision study for the Fantasyland Shmidhen water park and hotel resort - prepared the pre-investment and investment studies for the construction of the Fantasyland Shmidhen water and fun park and the hotel resort = ensured the management trainings for the water and fun park managers, etc. ‘The Agreement on the Right to Build between the Croatian Privatization Fund and Fantazija projekt was concluded on 24 August 2007 pursuant to the Decision of the Government of the Republic of Croatia 7 : ices the following, as cited: “The beneficiaries of the right to build by signing this agreement give their unconditional and irrevocable ‘consent to the holder of the right to build to transfer the subject right to build and the appertaining rights ‘and obligations under this Agreement to third parties and / or encumber the right to build with the real rights, provided that such encumbrances may not be agreed on a longer period than the one to which this Agreement is coneluded, without any further consent oF approval of the beneficiaries, and for the purpose referred to in Art. 2 of this Agreement." Pursuant to the provisions of the Agreement on the Right to Build (Art. 5), the company Fantazija projekt transferred its right to build to the companies Fantazija vodeni park, Fantazija hoteli and Fantazija zabavni park, and notified the Croatian Privatization Fund about that in writing on several occasions during the period of 2008 - 2011. The chronology of misuses and illegalities committed during the period 2009 - 2019 by the Croatian Privatization Fund (herei CPF), State Property Management Agenci inafter: SPMA) ing and Sal Centre (hereinafter: CRS), and other competent authorities superior to CPF, SPMA and CRS (CPF Management Board, CPF Supervisory Board, CRS Governing Council, State Office for the State Property Management (hereinafter: SOSPM), Ministry of State Property Management. The Government of the Republic of Croatia, the Public Prosecutor's Office, etc.), which have been disabling the implementation of the project “Fantasyland ‘Shmidhen” to this day, now for more then 10 (ten) years, all in the following order: 2009 1. The Agreement on the Right to Build between the Croatian Privatization Fund (CPF) and Fantazija projekt was concluded in 2007, with the approval of the Government of the Republic of Croatia and, the Public Prosecutor's Office. 2. InJune 2009 the geodetic company GEO BIM doo from Samobor prepared the subdivision study for ‘the water park in accordance with the adopted Detailed Spatial Plan of Shmidhen I (considerin, at the Detail ial Plan of Shmidhen | for the water park had been previously adopted, the subdivision study for the water park was made according to the Detail Spatial Plan of Shmidhen, in ‘compliance with the law and rules of profession.Date: 20 July 2020 | Cert.No.: 109/2020 Page 4 of 80, (On 25 August 2009 the company Fantazia projekt delivered the subdivision study prepared by the company GEO BIM from Samobor as of 04 June 2009 and to then the Croatian Privatization Fund (hereinafter: CPF) for their approval, in accordance with the Detailed Spatial Plan of Shmidhen | (the Official Gazette of the City of Samobor no. 4/2008), for the purpose of listing in the cadastre and land registry, given that the CPF, which has a construction contract concluded with Fantazlja projekt, was at that time the co-owner of the land divided by the mentioned subdivision study, along with the City of ‘Samobor and Zagrebacki Holding. ‘The subdivision study was submitted for signature to all the co-owners of that part of the Shmidhen area, as needed, to be able to receive further approval of the project documentation for the construction of the water park as the first phase of building the Fantasyland Shmidhen project in accordance with the construction pre-investment study, which is an integral part of the Agreement on the Right to Build, Zagrebacki Holding and the City of Samobor as the co-owners of that part of the Shmidhen land signed ‘the subdivision study in a very short time (15 days), but the CPF, without any legal grounds, refuses to sign the subdivision study, and consequently impedes the Fantazija companies to receive the approval of the project documentation building of the Fantasyland Shmidhen resort. In 2009 the Fantasyland Group sent to the CPF a request to conclude a Real Estate Exchange Agreement byall the co-owners of the land (the City of Samobor, CPF and Fantazlja projekt) needed to resolve the proprietary legal relationships and obtain the binding permits for the construction of the external infrastructure, water park, fun park and the Shmidhen hotel resort (In order to speed up the process of obtaining the binding building permits and the realisation of the project Fantasyland Shmidhen, the company Fantazija projekt expressed its readiness to bear all costs of the City of Samobor - the co-owner of the land - as per the Real Estates Exchange Agreement and the costs of the transfer of the real estate). In the period June 2009 - December 2009 the Fantasyland Group sent dozens of requests to the CPF and all competent bodies and institutions superior to the CPF (the CPF Management Board, CPF Supervisory Board, Ministry of Economy of the Republic of Croatia, Government of the Republic of Croatia...) to correct the unlawful practices and misconduct of the CPF and its professional services, which unlawfully and without {any legal grounds impedes the realisation of the project "Fantasyland Shmidhen", however, none of the competent authorities and institutions have taken appropriate measures to correct the unlawful misconduct of the CPF and the impediment of the project "Fantasyland (On 08 December 2009, the CPF falsely reports to the Government of the Republic of Croatia on the alleged illegalities of the Fantasyland Group and its responsible persons, stating in the report that the Fantasyland Group has not fulfiled its contractual obligations under the Agreement on the Right to Build concluded between the CPF and Fantazija projekt in 2007, because the subdivision of the real estate changes the proprietary rights and represents an attempt to dispose the property of the Republic of Croatia, ete. ‘On 08 December 2009 the CPF falsely reports the Fantasyland Group and its responsible persons to the Public Prosecutor's Office, stating that the Fantasyland Group has not fulfilled its contractual obligations {0 CPF under the Agreement on the Right to Build concluded between CPF and Fantazlja projekt in 2007 because the subdivision of the real estate changes the proprietary rights, an attempt of disposal of the ‘property of the Republic of Croatia, etc. - the CPF charges as of 08 December 2009 were submitted to the Government of the Republic of Croatia, Office of the President Mrs. Jadranka Kosor.[oste:20.y 2000] Cert.No.: 109/2020 Page 5 of 80 {Im addition, the CPF’s charges dated 08 December 2009 include the request for opinion of the Public Prosecutor’sOffice on whether it is necessary to take additional actions in terms of the realization of {the project "Fantasyland Shmidhen" or whether itis necessary to urgently start the termination of the Agreement on the Right to Build? 9. By a letter dated 18 December 2009 the Public Prosecutor's Office of the Republic of Croatia reports that, in accordance with the Law on the Public Prosecutor's Office, the Public Prosecutor's Office of the Republic of Croatia does not have the jurisdiction to give legal opinions about the termination of ‘agreements on the right to build, and that the decision is within the competence of the Croatian Privatization Fund. 10. On 23 December 2009 the Public Prosecutor's Office of the Republic of Croatia submits the charges filed by the CPF as of 08 December 2009 to the USKOK (Department against Corruption and Organised Crime) to take measures and actions to determine the existence of criminal offenses within the competence of USKOK. 11, USKOK and PNUSKOK (National Police Department against Corruption and Organised Crime) starts an investigation and carries out a criminal investigation into the Fantasyland Group, and its responsible ‘persons, takes the documentation from the CPF on 28 January 2030, takes the documentation from the Fantasyland Group and the President of the Board Slaven Colak, takes the documentation from the ‘Commercial Court in Zagreb related to the purchase of the Shmidhen area and increase of the share ‘capital of the company Fantazija projekt, ete, 32, USKOK and PNUSKOK carry out an investigation and question the employees and responsible persons of the Fantasyland Group, question several CPF employees, question the heads of the City of Samobor and_other employees of the Samobor City Department for Physical Planning, Construction and Environmental Protection, question the former landowners of Shmidhen from which Fantazija projekt bought out their debts towards the Fund for Indemnification of the Confiscated Property, questioned the responsible persons of the company GEO BIM from Samobor, which prepared thw subdivision study, ete. > the project “Fantasyland Shmidhen” completely stopped and before the Public Prosecutor’sOffice, USKOK, PNUSKOK and the Ministry of the Interior, dozens of officials are ‘conducting an extensive criminal investigation into the Fantasyland Group and its responsible persons according to the CPF’s false charges. 413. On 24 December 2009, the CPF requested an audit of the fulfilment of contractual obligations under the Agreement on the Right to Build as of 24 August 2007 concluded between the CPF and Fantazija project. The auditing company Refinal from Dubrovnik was selected by the CPF to perform the audit ergo, on 08 December 2009 the CPF reported to the Government of the Republic of Croatia and the Public Prosecutor's Office that the Fantasyland Group had not fulfilled its contractual obligations towards the CPF, and after that on 24 December 2008 the CPF requested an audit opinion to determine whether the obligations towards the CPF had or had not been met). 2010 14. While carrying out the audit in December 2009 - January 2010 the CPF through the media (Bussiness.hr, etc.] falsely informs the public that Fantazija projekt has not fulfilled its contractual obligations towards ‘the CPF and puts the pressure on the audit company Refinal (selected by the CPF to perform the audit) to finalize the report according to the CPF and its responsible persons wishes and not pursuant to the actual facts. 15. During the period January 2010_ - February 2010, the CPF reports through the media (Bussiness.hr, Postovni dnevnik, etc.) that they will not have a meeting with the representatives of the Fantasyland16. 7. 18. 19. 20. a 22. 23. Date: 20 July 2020 Cert.No.: 109/2020 Page 6 of 80 Group and that they will not settle the formal legal and administrative requirements related to the Fantasyland Shmidhen project before the final opinion of the audit is brought about the fulfilment of ‘contractual obligations under the Agreement on the Right to Build dated 24 August 2007. ‘The CPF informs the Fantasyland Group in writing that further actions of the CPF depend upon the audit report made by the company Refinal (selected by the CPF}, with regard to the requests of the Fantasyland Group to settle the formal legal and administrative issues necessary to receive the final permit and ‘commence with the construction of the project “Fantasyland Shmidhen” ~ the CPF refuses any further ‘communication with reference to the project, and yet refuses to sign the approval of the subdivision study of the water park, without which it is not possible to receive the binding project documentation for the construction of the project “Fantasyland Shmidhen”, ‘The ausn of the fulnimenr of contractual obttgattons as equested By rhe CPF carried out bythe aun company Refinal, selected by the CPF, confirmed that the Fantasyland Group completely fulfilled all its contractual ‘obligations towards both the Croatian Privatization Fund and the Republic of Croatia, and according to the findings of that report, the deadlines to obtain the building permits and begin the construction had not yet started to run @the final audit report made by the Refinal dated 26 February 2010, page 19. Proof of evidence: Aucit report made by Refinal dated 26 February 2010 (page-19 of the report) While preparing the audit report, the CPF exerted the illegal and impermissible pressure on the audit ‘company Refinal through the media, as well as directly, which is evident from the letter of the audit company Refinal dated 30 March 2010 sent to the CPF stating that the auditing company Refinal “rejects the CPF’s requirements, which go beyond their assignments and professional standards,” and that the audit company Retinal “prepared and submitted the final audit report, which includes everything the CPF requested, without compromising their independence and professionalism.” Despite the audit report, which was entirely positive about the Fantasyland Group, namely confirmed that the Fantasyland Group had fully met athe contractual obligations towards both the Croatian Privatization Fund and the Republic of Croatia, the CPF continues to refuse to sign the water park subdivision study without which itis not possible to obtain the approved project documentation forthe construction of the Fantasyland Shmidhen. In addition, despite the repeated written requests to correct the illegal and irregular practices of the CPF, none of the competent bodies and institutions (the CPF Board of Directors, CPF Supervisory Board, Ministry of Economy, [Government of the Republic of Croatia, ec.) took aprropriste actions within its competence to stop the unlawful impediment of the implementation ofthe project “Fantasyland Shmidhen”. In January 2010 the Croatian Privatization Fund requested a legal opinion from an external law firm, who also confirmed that all the Fantazija companies participating inthe implementation of the Fantasyland project have {ulfiled all their legal and contractual obligations. In January 2010 the CPF requested from the Ministry of Physical Planning to carry out the inspection into the “subdivision study of the water park and. the company GEO.BIM from Samobor, which prepared.a subdivision ‘study the letter from the CPF dated 26 January 2009 referred to the Public Prosecutors Office ofthe Republic of (Croatia for further action. In January 2010 the CPE requested from the Ministry of Physical Planning to carry out the supervision of the work of the Administration of the City of Samobor, the Department for Physical Planning, Construction and Environmental Protection = the fetter from the CPF dated 26 January 2009 Including the request for the ‘supervision of the work, was also sent to the Public Prosecutor's Office of the Republic of Croatia for further action.Date: 20 July 2020 Cert.No.: 109/2020 Page 7 of 80 24, During the criminal investigation initiated based on the false reports of the CPF dated 8 December 2009, USKOK and PNUSKOK on 28 January 28 2010 take the documentation from the records of the Croatian Privatization Fund, and among other documentation, the Certificate of the Administrative Department of the City of Samobor for Physical Planning, Construction and Environmental Protection dated 07 July 2009, ‘which includes the correct surface area on the cadastral plot number 109 of 97,736 m2. Despite the fact that the CPF had in their records the correct Certificate with the exact surface area of the ‘cxp.no. 109 of 97 736 m2 (and that Certificate with the precisely indicated area of the c.p.no. 109 of 97,736 ‘m2 was also taken by USKOK on 28 January 2019 from the CPF records during the criminal investigation), during 2010/2011, the CPF, in order to manipulate, falsely reports through numerous letters to the state and judicial authorities , including the Public Prosecutor's Office and USKOK that the Certificate of the ‘Administrative Department of the City of Samobor for physical planning, construction and environmental rotection dated 07 July 2009 contains the incorrectly indicated area of c.p.no. 109 of 7,736 m2. 1m addition, for the purpose to manipulate, the CPF sends letters to the Fantasyland Group on 08 February 2009, 08 March 2010 and 23 March 2010 requesting the delivery of a binding Certificate with the exact ‘area of the c.p.no. 109 of 97,736 m2, al despite the fact that the CPF has in its records the correct Certificate with the exact area of the c.p.no, 109 of 97 736 m2 (and that correct Certificate with the precisely indicated atea of c.p.no. 109 of 97.736 m2 was also confiscated by USKOK on 28 January 2010 from the CPF records). ‘The Fantasyland Group responds in writing to the letters ofthe CPF, informing that the Issuance of Certificates lof Conformity for the subdivisions is the responsibility of the competent institutions, not investors nor property owners, and that the Certificate of the Administrative Department of the City of Samobor for Spatial Planning, Construction and Environmental Protection dated 07 July 2009 was submitted to the Croatian Privatization Fund without any shortcomings or mistakes in 2009, and on several occasions during the period February - April 2010, and also by the Administrative Department of the City of Samobor for Physical Planning, Construction and Environmental Protection, and on several occasions by the companies Fantazija projekt and Fantazlja vodeni park (on 24 November 2008, 19 March 2010, 13 April 2010...) Proof of Eviden = Certificate of the Administrative Department for Physical Planning, Construction and Environmental Protection ofthe City of Samobor dated 7 July 2009, Reg.No.: 350-05 / 09-02 /58, File No.: 238-11-08 /7- (09-2, which includes the accurately stated area of c.p.no. 109 of 97,736 m2 ~ the copy submitted by the Croatian Privatization Fund submitted to the USKOK on 28 January 2010 (Reg.No. 940-06 / 06-07 / 148) Letters by the CPF dated 08 February 2010, 08 March 2010 and 23 March 2010 referred to Fantaziia vodeni park etal) = Letter by Fontaziia projekt dated 13 April 2010 addressed to the CPF, Reference:Reply to the CPF letter dated 23 March 2010 entitled "Delivery of the corrected certificate of the Administrative Department for Physical Planning, Construction and Environmental Protection of the City of Samobor dated 07 July 2009 ‘and the subdivision study prepared by the Geo Bim from SAMOBOR dated 04 June 2009 Letter by Fantazija projekt dated 01 April 2010 addressed to the CPF (Att: Vedran Duvnjak, the CPF Management Board and Supervisory Board), Reference:Reply to the letter dated 08 February 2010 and delivery of the already submitted corrected certificate of the Administrative Department for Physical Planning and Environmental Protection, the City of Samobor dated 07 July 2009 and a subdivision study prepared by the Geo Bim Samobor dated 04 June 2009, + Letter by the Administrative Department for Physical Planning, Construction and Environmental Protection dated 17 March 2010, Certificate of the Administrative Department for Physical Planning, Construction and Environmental Protection dated 07 July 200925. 26. 27. 29. Date: 20 July 2020 Cert.No.: 109/2020 Page 8 of 80 Letter bythe company Modulus doted 19 March 2010 submitted to the CPF (Attachment: Certificate ofthe ‘Administrative Department for Physical Planning, onstruction and Environmental Protection doted 7 July 2009, letter by the Administrative Department for Physical Planning, Construction and Environmental Protection doted 17 March 2010) Letter by Fontazijo projekt dated 08 April 2010 submitted to the CPF (Att: Vedran Duvnjok, CPF ‘Management Board and Supervisory Board) Letter by Fantazija projekt dated 08 April 2010 submitted to the CPF (Att: Vedran Ouvnjok) Letters by Fantazia projekt submited to the CPF (12 February 2010, 19 Morch 2010) {In an attempt to manipulate, the CPF continues to falsely report through numerous letters to state and Judicial authorities , including the Public Prosecutor’sOffice and USKOK that the Certificate of the Administrative Oepartment_of the City of Samobor for Physical Planning, Construction and Environmental Protection dated 07 July 2009 contains the incorrect surface area of the c.p.no. 109 of 2,.736m2. {In April 2010 the CPF sends a letter to the company Fantazlja vodeni park, requesting, without any grounds, to submit the pre-investment study of the construction of the water park within & days, threatening to terminate the Agreemeent on the Right to Build, if not submitted within that period. = toimpede even more, even in their offical letters, the CPF states that it does not accept the studies in English, given that the Latin alphabet isin use in Croatia. ‘The company Fantazlja vodeni park submits to the CPF the pre-investment and investment study of building the water park Fantasyland SHMIDHEN, in both Croatian and English, within the requested term of 8 days. In April 2010 the CPF sends a letter to the company Fantazija zabavni park, requesting, without any grounds, to submit the pre-investment study of the construction of the fun park within 8 days, threatening to terminate the ‘Agreemeent on the Right to Build, if not submitted within that perio. ‘The company Fantazlja zabavni park submits the CPF the pre-investment and investment study of ‘building the fun park Fantasyland SHMIDHEN, in both Croatian and English, within the requested term of 8 days. In April 2020 the CPF sends a letter to the company Fantazlja hotel, requesting, without any grounds the ‘submission of the pre-iavestment study for building the hotel resort within 8 days, threatening to terminate the ‘Agreemeent on the Right to Build, if not submitted within that period |. The company Fantazija hotell submits to the CPF the pre-investment and investment study of building the hotel resort Fantasyland SHMIDHEN, in both Croatian and English, within the requested term of 8 days. = Furthermore, the CPF continued to carry out the extensive criminal investi Fantasyland Group and its responsible persons, during which more than 20 people were questioned ‘and it was concluded that there are no elements of criminal responsibility, but the Public Prosecutor’sOffice and USKOK continued with the investigation. = Furthermore, the CPF refuses to sign the approval of the subdivision study of the water park, ‘without which it is not possible to receive the approval of the project documentation for the construction of the project "Fantasyland Shmidherat. 32, 33, Date: 20 July 2020 | cert.No. 109/2020 | Page 9 of 80 (On 28 May 2010 the CPF files the criminal charges against the companies Fantazija projekt et al. and le persons to the County Public Prosecutor's Office in Zagreb, and informs the Public Prosecutor's Office of the Republic of Croatia and USKOK about it, in which they falsely report: that the companies Fantazija projekt et al. and their responsible persons were liable for the galities committed while concluding the Agreement on the Right to Build between the CPF and Fantazija projekt as of 2007 (and that agreement was concluded with the consent of the Government of the Republic of Croatia and the Public Prosecutor's Office). = that the companies Fantazija projekt et al. and thelr responsible persons committed illegalities by Increasing the share capital of the company Fantazija project = that the companies Fantazija projekt et al. and their responsible persons committed illegalities during the fulfilment of obligations under the Agreement on the Right to Build namely by the contractual parties (Boris Simunic, Slaven Colak, and the companies Fantazija projekt, Fantazlja ‘vodeni park, Fantazija zabavni park, Fantazlja sport and Fantazija hoteli). = that the company Fantazlja projekt was not the owner of the 100% of all the facilities on the ‘Shmidhen area (the hotel, motel, swimming pools, swimming facilities, .), but that the CPF is the ‘owner (despite the fact that there are official documents, which have the force of the public documents proving that the company Fantazija projekt is the actual owner of 100% of all the facilities on that Shmidhen land parcel), ETC. ‘The Fantasyland Group continues to repeatedly address the CPF and the President of the CPF, and all competent bodies and institutions of the Republic of Croatia (the CPF Board of Directors, CPF Supervisory Board, Ministry of Economy of the Republic of Croatia, Government of the Republic of ‘Croatia, etc.) requesting to eliminate the unlawful practices and misconduct of the CPF, which impedes the realization of the project "Fantasyland Shmidhen”. but to no avail. = Based on the CPF false reports as of December 2009 and May 2010, the criminal investigation of the Fantasyland group and its responsible persons continues, In which dozens of officials participated before the Zagreb County Public Prosecutor's Office, the Public Prosecutor's Office, USKOK, PNUSKOK and the Ministry of Interior, Economic Crime Sector, Police Directorate, etc. and ‘the Zagreb County Public Prosecutor's Office opens a new case under the file number KR-DO- 1686/2020 (KR-US-1132/09 - K-US-148/09, 1S-US-18/09) In June 2010 the inspection of the subdivision study of the water park and the work of the Administrative Department of the City of Samobor for Physical Planning, Construction and Environmental protection was carried out, as well as the supervision of the work of the company GEO BIM from Samobor, which prepared the subdivision study, and the inspection carried out by the STATE GEODETIC ADMINISTRATION confirmed that the subdivision study of the water park was made in ‘accordance with the legal regulations and rules of profession, in accordance with the detail spatial plan ‘Shmidhen |, without any identified mistake, and the actions of the City Department and GEO BIM from ‘Samobor were confirmed to be in accordance with the law and the rules of the profession. Proof of Evidence: The inspection findings - Minutes of the State Geodetic Administration Reg.no: 042-01/10-02/98, File no.: 41-02-04 / 1-10-3 dated 01 July 2020.Date: 20 July 2020 | Cert.NNo.: 109/2020 Page 10 of 80 434, As requested by the CPF, all controls, audits and inspections had been carried out by the competent bodies and authorized companies selected by the CPF, and all the controls, legal opinions, audits and supervisions established that all the companies from the Fantasyland Group had completely fulfilled all the contractual and legal obligations to both the CPF and the Republic of Croatia. 35. In addition, the tax inspections and controls carried out by the Ministry of Finance during the period 2009 - 2013 confirmed that the operations that the companies Fantazija Shmidhen performed were in compliance \with the legal regulations, as confirmed by the documents in the court case file and by the Certificates of the ‘Ministry of Finance, showing that all the obligations of the companies Fantaza projekt, Fantazja vodeni park, Fantazja hotel, Fantalja zabavni park and Fantazja sport had been full settled. 36. The company Fantaalja projekt addressed also the CPF Supervisory Board with more than 10 (ten) letters in the period June 2009_- July 2010, warning of ilegal and irregular practices of the CPF, the CPF President \Vedran Duvnjak and the CPF professional services, but members of the CPF Supervisory Board did not hold 2 single session of the CPF Supervisory Board until July 2010, leading to the conclusion thet such irresponsible ‘persons should nat perform the duties in the state administration bodies and institutions of the Republic of Croatia ‘The fact that the CPF Supervisory Board in the period from 2008 until July 2010 did not hold a single session says enough about the illegal and improper working practices of the Supervisory Board of the Croatian Privatization Fund. Therefore, the Fantasyland Group addressed in vain the competent body whose elected members before the Republic of Croatia did not even deign to hold a session, let al.one take the appropriate measures within thelr competence. 37. Despite all the entirely positive reports and opinions about the Fantasyland Group confirming that all ‘the contractual and legal obligations were completely met, and despite the positive findings of the State Geodetic Administration confirming that the subdivision study of the water park was made in accordance with legal regulations and rules, and the detailed spatial plan Schmidhen |, without any Identified mistake, the CPF continues to refuse any further communication and meeting with the Fantasyland Group, and further refuses to sign the approval of the subdivision study of the water park, without which itis not possible to obtain the approval of the project documentation for the project ‘Fantasyland Shmidhen”. 38, The Fantasyland Group continues to send to the CPF and all competent and bodies and institutions superior to the CPF (the CPF Board of Directors, CPF Supervisory Board, Ministry of Economy of the Republic of Croatia, Government of the Republic of Croatia) dozens of written requests repeatedly to correct the unlawful and improper practices of the CPF and Its professional services, which unlawfully and without any legal grounds impeded the implementation of the project “Fantasyland shmidhen”, and the Fantasyland Group informs the Government of the Republic of Croatia about the Agreement concluded with the partners from the Russian Federation in the amount of 200 million EUR, however, ‘none from the competent authorities and institutions has not taken the appropriate measures within its competence to stop the unlawful impediment of the implementation of the project “Fantasyland ‘Shmidhen”. ~ Based on the CPF false reports dated December 2009 and May 2010 the minal investigation 10a. Date: 20 July 2020 Cert.No.: 109/2020 Page 11 of 80 Into the Fantasyland Group and its responsible persons continues, in which dozens of officials participated before the Zagreb County Public Prosecutor's Office, the Public Prosecutor's Office of the Republic of Croatia, USKOK, PNUSKOK and the Ministry of the Interior, the Economic Crime Sector, the Police Directorate, etc. ). On 24 June 2010 CPF initiates the court proceedings against the companies Fantazlia project, Fantazija vodeni.park, Fantazija zabavni park and Fantazija hoteli before the Municipal. Court.in ‘Samobor , and the puts proposals to bring a temporary measure and listings of disputes in the land registry on the real estate intended for the construction of the water and fun park, and the hotel resort, in order to impede the Fantasyland Group from obtaining the legally binding project documentation and encumber right to build, by which the CPF directly violated also the Art. 248 of {the Law on Ownership and Other Real Rights and Art. 5 of the Agreement on the Right to Build which the holders oF the hotell) are allowed to transfer and encumber their right to build. ‘The Agreement on the Right to Build between the Croatian Privatization Fund and Fantazja projekt was ‘concluded on 24 August 2007 oursuant to the Decision of the Government of the Republic of Croatia asf 12.July 2007, and the Afticle 5. ofthe Agreement on the Right to Build, stipulates the following, vite "The beneficiaries of the right to build by signing this Agreement give their unconditional and irrevocable consent to the holder of te right to build who can transfer the subject right to bulld as well asthe rights and obligations under this A to third parties and/or can encumber bya ‘eal right, a Subject to a right in rem, for the purpose referred to in Art. 2 of this Agreement, that such encumbrances may not be concluded on a period longer than the period to which this Agreement is concluded without futher consent or approval ofa beneficiary ofthe right to build.” However, despite of the fact that the Agreement on the Right to Build stipulates that the holders Of the right to build may encumber the Subject right to build for the purpose of the project realization, the same was impeded by the unlawful practices of the CPF and SPMA who filed the listings of the disputes in the land registry of the Municipal Court in Samobor on the real estates intended for the water and fun park, and the hotel resort and thus_made impossible for Fantasyland Group to obtain the legally binding project documentation, and the agreed financing, use the credit funds for building, all premeditatively and intentionally, although ‘aware that the Fantaziia companies from Samobor according to the Art. 5 of the Agreement on ‘the Right to Build, can transfer and encumber the right to build. ). In the period June - July 2010 the CPF falsely reports to the Court, inter alla, that the companies Fantazia projekt et al., did not fulfill their contractual obligations, although oreviously in February 2010 the final audit report prepared by the audit company Renal, selected by the CPF, “conmirmed Vat Ue companies Fantaalja projeKt ek aL.) Completely TulNred aM We contract obligations both to the Croatian Privatization Fund and to the Republic of Croatia (the final audit report made by Refinal- 26 February 2010). : 7 6 7 Megalities and irregularities, although it was previously inspected in June 2010 by The STATE GEODETIC ADMINISTRATION, which confirmed that the subdivision study of the water park had been prepared in accordance with the legal regulations and rules of the profession, in accordance with the detailed spatial plan Shmidhen 1, without any identified mistakes, and confirmed that the actions of the Administrative Department of the City of Samobor and GEO ‘BIM from Samobor were in aecordanee with the law and the rules of profession.43. Cert.No.: 109/2020 Page 12 of 80 . In June - July 2010 the CPF also falsely reports to the Government of the Republic of Croati Ministry of Economy, CPF Management Board, Public Prosecutor's Office, etc. on the alleged ‘non-fulfilment of obligations, alleged illegalities in the preparation of the subdivision study, etc, all despite of the fact that previously in February 2010 the final audit report prepared by the audit company Refinal, selected by the CPF, confirmed that the Fantasyland Group had completely fulfilled all the contractual obligations to both the Croatian Privatization Fund and the Republic of Croatia, and the inspections carried out by the STATE GEODETIC "ADMINISTRATION th JuWe 2010 confirnied that the subdivisTon study of the Water park Was Whale in accordance with legal regulations and rules of the profession, and detailed spatial plan Shmidhen 1, without any identified mistake. ‘The CPF with premeditation and intention to impede the realization ofthe project Fantasyland Shmidhen’” ‘2xclctly stated in several official documents that would not sign the aporoval to the subdivision study in ‘order that the companies Fantazija vodeni park, Fantazjazabavni park, Fantazija sport and Fantazija hotel asthe holders ofthe right to build could not encumber the right to build, all this despite of the fact that the companies Fantazija from Samobor in accordance with the Art. 248 of the Law on ‘Ownership and Other Real Rights and in accordance with the Art. 5 of the Agreement on the Ri to Bulld, can actually transfer and encumber the right to build. ‘The CPF in an official document — the CPF proposal reg.no.: $40 / 06-06-07 / 148, File no.: 563-04-04 / (04-2010-136 dated 23 June 2010 addressed to the CPF Management Board, entitled "PROJECT ‘SUMMARY’, on page 16, paragraphs two and three, states the following, as clted: "We note that as per the Agreement on the Right to Build tice 5, the holders ofthe right to build can transfer the right to build to third parties without further consent or approval, and on the basis of and in.accordance.with the.Art..248 of the Law.an.Property and Other. Real Rights, encumber.the established right to build, by establishing a mortaage. The professional services of the Croatian Privatization Fund consider that the holders of the right to build would have done that, should the ‘pproval of the Croatian Privatization Fund had been given to the submitted subdivision study, which would have caused direct damage to our institution. ‘From the aforementioned quote from the official Cocunvent of the CPF, ft fs rove than ttear that tthe CPF is aware that in accordance with the law and the concluded Agreement on the Right to Build, the holders of the right to build are allowed to transfer and encumber the right to build, ‘consequently it is obvious that the CPF premeditatively and intentionally violated the Article ‘to Build by refusing to sign the approval of the subdivision study, all in order to impede the holders of the right to build (Fantazila vodeni park, Fantazija hoteli and Fantazija zabavni park) to encumber the right to build and enjoy their rights under the law and Article 5 of the ‘Agreement on the Right to Build, which was concluded with the consent of the Government of ‘the Republic of Croatia, whereby the CPF directly violating the Article 248. Of the Law on al Rights and Arti nt_on the Right to Bulld, impeded the holders of the right to build (Fantazija vodeni park, Fantazija hotell and Fantazija zabavni park) to obtain the approved and legally binding project documentation and use the long-term loan for the construction of the Fantasyland Shmidhen project, as a result of which the Fantasyland Group was premeditatively and intentionally impeded from carrying out the Fantasyland Shmidhen entrepreneurial venture due to the CPF unlawful practices, moreover the CPF were also informed about the agreements concluded with the Russian state fund and partners from ‘he Russian Federation in the amount of 178.3 milion EUR. uDate: 20 July 2020 Cert.No.: 109/2020 Page 13 of 80 45, The CPF additionally presented, by its proposal for insurance with a temporary measure as of 24 June 2010, the untrue allegations that the company Fantazlja project did not fulfil its contractual obligations, although previously, based on the CPF request, the company Refinal from Dubrovnik carried out the audit of the fulfilment of the contractual obligations, which project completely had met al.! the contractual and legal obligations to the CPF and the Republic of Croatia, and that the deadlines for the beginning of the construction hhad not yet started to run (p.19 of the audit report made by Refinal dated 26 February 2010). 46, The CPF, in their Proposal dated 23 June 2010 sent to the CPF Management Board included the false statements that Fantazija project had not fulfil their contractual obligations, all that despite of the fact that the previously performed audit report made by Refinal in February 2010 confirmed that all the obligations of Fantazija projekt were entirely fulfilled (and about which the CPF was made aware of, given that the CPF had previously on 05 March 2040 duly received the final audit report made by Refinal dated February 2010 which was prepared at thelr request by the auditing company Refinal, which was selected by the CPF to perform the audit), 47. The CPF, by the letter dated 23 June 2010 and the proposal dated 23 June 2010 addressed to the (CPF Management Board entitled the "PROJECT SUMMARY" requested the termination of the ‘Agreement on the Right to Build, falsely stating that the Fantasyland Group had not fulfilled its contractual obligations, although previously the audit report made by Refinal dated February 2010 stipulates that all the obligations of the Fantasyland Group under the concluded ‘Agreement on the Right to Build had been completely fulfilled (p. 19 of the audit report made bby Refinal dated 26 February 2010) and all this solely for the purpose to manipulate and deceive the competent bodies and institutions superior to the CPF in order to adopt the Decision of the CPF Management Board to propose to the Government of the Republic of Croatia the termination of the Agreement on the Right to Build due to the alleged non-fulfilment of contractual obligations. The CPF and the CPF professional services for the sake of manipulation and deception did not submit the audit report made by Refinal dated 26 February 2010 to the CPF Management Board, tthe audit report which confirms that all contractual obligations to the CPF had been fully met, despite of the fact that the CPF duly received the final audit report made by the Refinal from February 2010, confirmed by the an acknowledgment of receipt issued by the CPF on 05 March 2010. 48. On 07 July 2010 The CPF Management Board delivers a decision to accept the proposal of the GPF to pass the decision for termination of the Agreement on the Right to Bulld to the Government of the Republic of Croatia, due to the alleged non-fulfilment of the contractual obligations as untruly and manipulatively stated in the CPF proposal dated 23 June 2010 submitted to the CPF Management Board, as a result of which all the business processes needed for the implementation of the project "Fantasyland" were stopped, and the CPF continued to engage in illegal working practices and manipulations by falsely reporting to the state and judicial authorities and the Municipal Court in Samobor on the alleged unfulfilled contractual tions of the Fantasyland Group and enclosed the Decision of the CPF Management Board dated 07 July 2010 while concealing the Refinal audit report as of 26 February 2010, which confirmed that all the contractual obligations towards the CPF have been fully met (and the ‘Matter audit report had been made by the Refinal in February 2010 at the request of the CPF ‘and by the audit company Refinal selected by the CPF). About the manipulations and illegal practices of the CPF who did not submit the Refinal audit report as of February 2010 to the CPF Management Board, witnessed Mr. Oren Matijasevic, then member of the CPF Management Board in the period 2009 ~ 2011, who stated before the Commercial Court in Zagreb as cited: 1349. 50. 51, 52, Date: 20 July 2020 Cert.No.: 109/2020 Page 14 of 80 "The CPF did not provide us with the audit report. The CPF isthe reason why the project has not seen the light of a day. The CPF did not inform the Management Board about the report of the State Geodetic Administration, which is entirely positive about the Fantazija project, nor about the lawsuits, ‘ll of which were initiated by the CPF and all lost. The CPF was the only obstacle to the project, and the damage will be paid by the taxpayers. " Consequently, the Decision of the CPF Management Board dated 07 July 2010 had a probative value in terms of the responsibilities of the CPF, the CPF Management Board and the CPF ‘Members of the Board who adopted and signed such a Decision without prior insight into the Refinal audit report filed in February 2010, which was made namely at the request of the CPF by the auditing company Refinal, which had been selected by the CPF, about which Mr Ozren ‘Matijasevic, a CPF Member of the Board witnessed In case no, P-2617/2013 testifying before the Commercial Court in Zagreb. During the period July 2010 - July 2011 the Fantasyland Group informed several times the CPF ‘and all other competent and CPF superior bodies and institutions of the Republic of Croatia (CPF ‘Management Board, the CPF Supervisory Board, Ministry of the Economy of the Republic of, Croatia, Government of the Republic of Croatia, ...) in writing on the results of the audit performed by the auditing company Refinal selected by the CPF, which confirmed that the Fantas land Group had completely fulfiled all the contractual and legal obligations to the CPF ‘and the Republic of Croatia, and about the entirely positive finding of the State Geodetic ‘Administration confirming that the subdivision study of the water park was prepared in accordance with the law and the rules of the profession, and in accordance with the detailed ‘spatial plan Schmidhen | without any identified irregularities - and enclosed the audit report ‘made by Refinal dated 26 February 2010 and the investigation report made by the State Geodetic. Administration dated 1 July 2010 to all the letters then submitted to all the competent authorities and institutions. In addition, the Fantasyland group informed the Municipal Court in Samobor about the audit results and the entirely positive report of the State Geodetic Administration, before which the (CPF unlawfully initiated the proceedings based on manipulations of the CPF against the Fantasyland Group (the proposal to order a temporary measure prohibiting the disposal and ‘encumbrance of the registered right to build, the proposal for listing a pre-order of a temporary ‘measure on the real estate intended for the construction of the water and fun park and a hotel resort, etc.). Following the repeated letters the Fantasyland Group sent to all competent bodies and institutions of the Republic of Croatia with the enclosed audit report made by Refinal as of 26 February 2010, as well as all other reports of controls and inspections that were entirely positive about the Fantasyland Group (and those controls, audits and inspections were performed at the request of the CPF by the competent authorities and institutions and the authorized companies selected by the CPF), the abusive and illegal practices of the CPF were then exposed, however, none of the competent bodies and institutions that were informed about everything in a timely manner and with the complete documentation (the CPF Management Board, CPF Supervisory Board, Ministry of Economy, Government of the Republic of Croatia, ...) took the appropriate ‘measures within its competence to eliminate further illegal practices of the CPF - the impediment of the Fantasyland project. ‘The CPF continued to engage in illegal conduct and manipulation by falsely reporting to the state and judicial authorities and the Municipal Court in Samobor on the alleged unfulfilled contractual obligations by the Fantasyland Group, etc., and the CPF on 19 July 2020 (by the CPF submissions as of 07 and 09 June 2010) continues to untruly report the Fantasyland Group to the Zagreb County Public Prosecutor's Office, Public Prosecutor's Office - Criminal Department ‘and USKOK, invoking unfoundedly and without any legal grounds the non-final court decisions in proceedings initiated by the CPF, which at that time were pending before the Municipal Court 1453. 54, 55. Date: 20 July 2020 Cert.No.: 19/2020 Page 15 of 80 {in Samobor (Proposal to order a temporary measure prohibiting the disposal and encumbrance of the registered right to build, the Proposal to register a pre-order of a temporary measure on the real estate intended for the construction of the water and fun park and hotel resort, etc. )- in all the submissions of the CPF sent to USKOK, Public Prosecutor’sOffice and the Municipal Public Prosecutor's Office in Zagreb, named "CONNECTION". The criminal charges filed by the (CPF against the Fantasyland Group and its responsible persons dated 28 May 2010. ‘The CPF then, as the proposer, illegally refused to receive the court submissions from the Municipal Court in Samobor as noted "due to annual leave" in order to avoid to act pursuant to the decision of the ‘Municipal Court in Samobor no. Ovr-1081 / 10-2 dated 9 July 2010 who ordered the CPF 3 30-day ‘deadline for filing 2 lawsuit (which the CPF has never filed to the court anyway because there was no legal grounds for filing it), however, the CPF continued to act unlawfully before the Municipal Court in, ‘Samobor and filing appeals to keep the interim measure proposal valid for as long as possible, which impeded Fantasyland from obtaining the formal approval of the project documentation, the Implementation of the concluded agreements and the use of the credit funds for building the project "Fantasyland Shmidhen" ‘The Fantasyland Group regularly reported about the illegal action of the CPF, CPF President and. CPF Professional Services, who impeded the implementation of the project "Fantasyland Shmidhen", and, among other things, the unlawful initiation and the course of the court proceedings before the Municipal Court in Samobor, and that the CPF is not receiving the court submissions "due to vacation, while at the same time a public tender for hotels in Podgora was released with regard to which the CPF was regularly receiving quotes in answer to that public ‘tender; to all the competent and the CPF superior bodies and institutions of the Republic of Croatia (Ministry of Economy of the Republic of Croatia, Government of the Republic of Croatia, (CPF Management Board, CPF Supervisory Board, etc.), as well as the Public Prosecutor's Office of the Republic of Croatia on 26 July 2010, 03 May 2011, 30 May 2031, however, they did not take the appropriate measures within their competence to eliminate and sanction such illegal and irregular practices and prevent further damage to the Fantasyland Group. ‘The CPF, by a submission sent to the Ministry of Economy, Labor and Entrepreneurship on 17 July 2010, requested the urgent action from the Ministry ¢ to submit to the Government of the Republic of Craatia a proposal to deliver a decision on termination of the Agreement on the Right to Build due to alleged non-fulfilment of contractual obligations and the allegedly ‘exceeded deadlines from the Agreement on the Right to Build and its Annexes, despite of the {fact that the Refinal audit report dated February 2010 confirmed that Fantaziia projekt fully met 1 their obligations, and that the deadlines for obtaining building permits and the beginning of construction had not even begun to run (the final audit report delivered by Refinal as of 26 February 2010 p, 191, {In addition, in the CPF submission sent to the Ministry of Economy, Labor and Entrepreneurship ‘on the 17 July 2010 it was clear that the CPF with premeditation and intention violated the Article 248 of the Law on Property and other Real Rights and Article S of the Agreement on the Right to uild, by refusing to sign the approval of the subdivision study, all in order to impede the holders of the right to build (Fantazija vodeni park, Fantazija hotell and Fantazija zabavni park) to encumber the right to build and enjoy thelr rights entitled to them under the law and Article 5 of the Agreement on the Right to Build, concluded upon the consent of the Government of the Republic of Croatia. ‘The Fantasyland Group and their partners from the Russian Federation held the presentation of the project to the Embassy ofthe Republic of Croatian Moscow and to the Croatian Chamber of Commerce 1556. 37. sa. Date: 20 July 2020 Cert.No.: 109/2020 Page 16 of 80 in Moscow in July 2010, following with one more presentation of the project held by the Fantasyland Group and theie partners from the Russian Federation to the Embassy of the Russian Federation in Zagreb and the City of Samobor. During 2010, the Fantasyland Group informed the President of the Croatian Privatization Fund, the CPF Management Board and the CPF Supervisory Board on several occasions about the agreements concluded with the partners from the Russian Federation, however, despite that, the CPF responsible persons declinedto attend a joint meeting with the representatives ofthe company Fantazija projekt and continued their unlawful and destructive practices of impeding to receive the binding project documentation for the construction ofthe project "Fantasyland Shmidhen', ling the disputes listings inthe land registry of the "Municipal Court in Samobor and refusing to sign the subdivision study forthe water park. ‘The CPF continues to falsely report to the media that the Fantasyland Group did not fulfil their contractual ‘obligations (although previously in February 2010 the audit confirmed that the Fantasyland Group fully met their obligations) and in July 2010 the media reports that, according to the information received from the CPF, the Agreement on the Right to Build was terminates Premeditatedly and with intention to make damage to the Fantasyland Group, the CPF spread the false news that the Agreement on the Right to Build was terminated, though in reality it was only the decision made by the CPF Management Board as of 07 July 2040 to submit a proposal to the Government of the Republic of Croatia to terminate the Agreement on the Right to Bulld, which was not accepted by the Government of the Republic of Croatia given that there was no legal nor lawful grounds for such. However, despite of the repeated requests and warnings submitted in writing by the Fantasyland Group about the damage made by that illegal conduct of the CPF, none of the bodies and institutions superior to the CPF (the CPF Management Board, CPF Supervisory Board, Ministry of Economy of the Republic of Croatia...) took the appropriate actions within their competence to eliminate the further misconduct of the CPF and the impediment of the project "Fantasyland, ‘and consequently the CPF continued with their illegal and irregular practices of violation of the legal and contractual obligations. Furthermore, the CPF continues to carry out the extensive criminal investigation into the Fantasyland Group and its responsible persons, during which dozens of officials participated before the Public Prosecutor's Office, USKOK and PNUSKOK and the Ministry of Interior. Furthermore, the court proceedings against the companies Fantazlja projekt, Fantazlja vodeni park, Fantazija zabavni park and Fantazija hoteli continued before the Municipal Court in Samobor, as initiated by the CPF on.24 June 2010, and the CPF continued to file the proposals for securing a temporary measure and listing disputes in the land registry on the ‘eal estate intended for the construction of the water and fun park, and the hotel resort, in, ‘order to impede the Fantasyland Group from obtaining the approved project documentation ‘and the realization of the project “Fantasyland Shmidhen”, thermore, the CPF refuses to sign the approval of the subdivision stud) e park, without which itis not possible to obtain the approval of and the legally binding project, documentation for the construction of the project "Fantasyland Shmidhen". The CPF (by the submissions from the CPF dated 20 July 2010, 17 August 2010 and 06 September 2010 conti 16 Fantasyland Group to the Ministry of Economy, Labor and Entrepreneurship, the County Public Prosecutor's Office in Zagreb, State 16Date: 20 July 2020 Cert.No.: 109/2020 Page 17 of 80 Public Prosecutor's Office of the Republic of Croatia - Criminal Department and USKOK, invoking ‘unfoundedly and unlawfully the Invalid court decisions about the proceedings initiated by the CPF which were pending before the Municipal Court in Samobor (Proposal to order 2 temporary measure prohibiting the disposal and encumbrance of the registered right to bulld, Proposal for listing a pre-order of a temporary measure on the real estate intended for the construction of the water and fun park and the hotel complex, etc.) 60. The CPF by the submission dated 29 September 2010 continued to falsely report the Fantasyland Group to the County Public Prosecutor's Office - Criminal Department, The Public Prosecutor’sOffice of the Republic of Croatia and USKOK, stating that there were some allexed legalities related to the subdivision study and the certificate of the Administrative Department for Physical Planning, Construction and Environmental Protection dated 7 July 2009, despite the fact that the CPF had the correct certificate with the exact area of the c.p.no. 109 of the surface atea of 97 736 m2 in their records (and that Certificate included the precisely indicated area of the .p.no. 109 of $7,736 m2 was also taken by USKOK on 28 October 2010 from the records of the CPF during the criminal investigation), and despite the fact that already in June 2010 the inspection carried out by the STATE GEODETIC ADMINISTRATION confirmed that the subdivision study of the water park was made in accordance with legal regulations and rules of the profession, in accordance the spatial plan Shmidhen 1, without any identified mistake, and confirmed by the actions of the Administrative Department of the City of Samobor and GEO BIM from Samobor in accordance with the law and the rules of professional conduct. 61, On 20 October 2010 the Municipal Court in Samobor issued an order to reject the CPF Proposal fora temporary measure to prohibit the disposal and encumbrance of the registered right to build ‘and the CPF Proposal to register @ pre-order of that temporary measure on the real estate intended for the construction of the water and fun park and hotel complex, etc. , however, the (CPE continued with their misconduct and was filing complaints in order to keep the listing of the proposed interim measure in force for as long as possible, and to impede the companies Fantazija from Samobor to obtain the binding project documentation, and impede the implementation of the concluded agreements and impede to use the credit funds for the construction of the project "Fantasyland Shmidhen' 62. During the period June 2009 - July 2010 the Fantasyland Group sent to all competent bodies and stitutions (the CPF Management Board, CPF Supervisory Board, Ministry of Economy of the Republic of Croatia, Government of the Republic of Croatia, Public Prosecutor’sOffice of the Republic of Croatia, ..) more than 100 letters repeatedly requesting to correct the unlawful and Improper practices of the CPF and CPF professional services which unlawfully and without any legal giounds impeded the realization of the project “Fantasyland shmidhen*, however none of the ‘competent bodies and institutions took the appropriate measures within its competence to sanction the unlawful and irregular work of the CPF. 63. In July 2010 the Government of the Republic of Croatia appointed the new members of the CPF Supervisory Board and a new President of the Supervisory Board, Mr Goran Maric, and the Fantasyland Group during the period July 2010 - 2011 through several letters, continuously and timely informed all the members of the CPF Supervisory Board about misuses, illegalities and inregularities of the CPF work, which unlawfully impedes the implementation of the project "Fantasyland Shmidhen”. | In the period August 2010 - 31 December 2010 the CPF continued to falsely report to the Government of the Republic of Croatia, the Ministry of Economy, etc. on alleged non-fulfilment of obligations, on alleged illegalities in the preparation of the subdivision study, etc. by numerous letters, 17Date: 20 July 2020 Cert.No.: 109/2020 Page 18 of 80 65. In the period August 2010 - 31 December 2010, the CPF continued to make dozens of false reports to the Zagreb County Public Prosecutor's Office, Public Prosecutor'sOffice of the Republic of Croatia and USKOK against the Fantasyland Group and its responsible persons. Furthermore, the CPF continued to carry out the extensive criminal investigations into the Fantasyland Group and its responsible persons, during which dozens of officials participated before the Public Prosecutor's Office, USKOK and PNUSKOK and the Ministry of Interior. Furthermore, the court proceedings against the companies Fantazija projekt, Fantazija vodeni park, Fantazija zabavni park and Fantazija hotell continued before the Municipal Court in Samobor as initiated by the CPF on 24 June 2010, and the CPF continued to file ‘proposals for securing a temporary measure and listing disputes in the land registry on the ‘eal estate intended for the construction of the water and fun park, and the hotel resort, in ‘order to impede the Fantasyland Group from obtaining the approved project documentation and the realization of the project "Fantasyland Shmidhen". Furthermore, the CPF refuses to sign the approval of the subdivision study of the water park, ‘without which itis not possible to obtain the approval of the project documentation for the construction of the project "Fantasyland Shmidhen" 66. On 01 January 2011 Mrs. Iva Galic assumes the position of acting president of the CPF. Mrs. iva Galic held the leading position of the professional legal services of the CPF previously in the period 2009/2010. Mr. Vedran Duvnjak, the former president of the CPF, initiated the ‘establishment of the State Property Management Agency, which was planned to start its ‘operations on O1 April 2011 instead of the Croatian Privatization Fund, planned to cease operations on 01 April 2011. 67. Inthe period 01 January 2011 - 01 April 2011 the CPF further, by numerous letters, falsely reports to the Government of the Republic of Croatia, the Ministry of Economy, etc. on alleged non- {fulfilment of obligations, on alleged illegalities in the preparation of the subdivision study, etc. 68. On 24 February 2011 the CPF refers to the Government of the Republic of Croatia (Mrs. Jadranka osor) by a letter In which the CPF continues to falsely report to the Government of the Republic ‘of Croatia on the allegedly unfulfilled contractual obligations of the Fantasyland Group {although previously in February 2010 the Refinal audit report confirmed that all the obligations of the Fantasyland Group have been fully met), and in the same letter informs the Government of the Republic of Croatia that, without the Decision of the Government of the Republic of Croatia about the further legal position of the Agreement on the Right to Build, due to the alleged nonfulfillment of the contractual obligations, the CPF cannot make further actions about the continuation of the project "Fantasyland Shmidhen”. 69. On 15 March 2011 a meeting was held at the Ministry of Economy of the Republic of Croatia at the Invitation of the President of the CPF Management Board, Mr. Petar Cobankovic, which was attended by, Mr. Petar Cobankovie, Mayor of the City of Samobor and the heads of the Departments of the Administration ofthe City of Samobor, representatives of the company GEO BIM, representatives ofthe Fantasyland Group, the Vice President of the CPF Mrs. Iva Galic and the representative of the CPF professional services, Ms. Dubravka Jakic Maurman, inter alia It was stated at the meeting: that the CPF did not submit to the CPF Management Board the final audit report made by Refinal from February 2010 which established that Fantazija projekt et al.) completely fulfilled all the contractual obligations to the CPF under the Agreement on the Right to Build 18Date: 20 July 2020 Cert.No.: 109/2020 Page 19 of 80 that the CPF did not submit to the CPF Management Board the report of the State Geodetic ‘Administration confirming that the subdivision study of the water park was made in accordance ‘withthe faw and the rules ofthe profession in accordance with the detailed spatial lan Schmidhen | without any identified irregularities that the CPF did not inform the CPF Management Board about the decisions ofthe Municipal Court in Samobor which rejected the CPF proposals to secure a temporary measure on the real estate intended for the construction of water and fun park and the hotel resort Fantasyland Shmighen as unfounded. [Although the Fantasyland Group already informed the CPF Management Board and all competent ‘and the CPF supervisory bodies and institutions in writing about the audit and inspections’ ‘reports, which are entirely positive about the Fantasyland Group several times in the period from February 2010 - March 2011, and several times submitted the Refinal audit report dated February 2010 and other controls and inspections’ reports, the Fantasyland Group again handed over the final audit report made by Refinal and inspection report by the State Geodetic Administration to the President of the Board of the CPF Mr. Petar Cobankovic at the meeting held on 15 March 2011. Furthermore, the CPF continued to carry out the extensive criminal investigation into the Fantasyland Group and its responsible persons, during which dozens of officials participated before the Public Prosecutor's Office, USKOK and PNUSKOK and the Ministry of Interior participated. Furthermore, the court proceedings against the companies Fantazija projekt, Fantazija vodeni park, Fantazija zabavni park and Fantazija hotell continued before the Municipal Court ‘Samobor as initiated by the CPF on 24 June 2010, and the CPF continued to file proposals for securing a temporary measure and listing disputes in the land registry on the real estate intended for the construction of the water and fun park, and the hotel resort, in order to impede the Fantasyland Group from obtaining the approved and binding project documentation and the realization of the project "Fantasyland Shmidhen”. Furthermore, the CPF refuses to sign the approval of the subdivision study of the water park, and without such it is not possible to obtain the approval of the project documentation for the construction of the project "Fantasyland Shmidhen’ On 01 April 2011 the CPF ceases operations, and instead of the CPF, the newly established State Property Management Agency continues its work, managed by the former president of the CPF Vedran Duvnjk, and the former acting CPF President Ms. Iva Galic continues to work in the newly ‘established State Property Management Agency, this time as the head of SPMA professional services. + On 04 April 2012 a new meeting was held at the Ministry of Economy of the Republic of Croatia at the Invitation of Mr. Petar Cobankovic (former President of the CPF Management Board and now the newly appointed Deputy Prime Minister of the Republic of Croatia for the Economy and President of the ‘Management Board of SPMA), and was attended by, inter alia, Mr. Petar Cobankovic, Mayor of the City of ‘Semobor and the heads ofthe City of Samobor, representatives ofthe company GEO BIM, representatives. ofthe Fantasyland Group, and Mr. Vedran Duvnjak (the newly appointed director of the newly established State Property Management Agency, who was the former president of the CPF) and the representative of, ‘the professional services of the CPF, Ms. Dubravka Jakic Maurman -\t was stated at the meeting that the State Property Management Agency will sign the consent tothe subdivision 192B. Date: 20 July 2020 Cert.No.: 109/2020 Page 20 of 80 study ofthe water park orto declare why it persistently refuses to do so within the term of 8 days. However, the State Property Management Agency continued with the misconduct of its predecessor ~ the CPF, continued to refuse to give their approval to the subdivision study and continued to send false reports to the Zagreb County State's Public Prosecutor's Office, Public Prosecutor’sOffice and USKOK against the Fantasyland Group and its responsible persons, all of Identical content as previously did the CPF - the legal predecessor of the State Property Management Agency, in the period between 2009 - 01 April 2011 whose charges state, Inter alia, that: ‘that the companies Fantazija projekt etal.) and their responsible persons were liable for the iMlegalities committed while concluding the Agreement on the Right to Build between the CCPF and Fantazija projekt as of 2007 (concluded with the consent of the Government of the Republic of Croatia and Public Prosecutor's Office) that the subdivision of the real estate changes the ratio of the property rights, with the intention to dispose the property of the Republic of Croatia ‘that the Fantasyland Group has not fulfilled its contractual obligations to CPF under the Agreement on the Right to Build concluded by and between the CPF and Fantazija projekt in 2007, ‘that the companies Fantazija projekt et al.) and their responsible persons committed lMlegalities by increasing the share capital of the company Fantazija projekt ‘that the companies Fantazlja projekt et al.) and thelr responsible persons committed iMlegalities during the fulfilment of obligations under the Agreement on the Right to Build by thelr contracting parties (Boris Simunic, Slaven Colak, and the companies Fantazlja projekt, Fantazija vodeni park, Fantazlja zabavni park, Fantazija sport and Fantazija hot that the company Fantazlja projekt was not the owner of 100% of all the existing facilities con the land of Shmidhen (the hotel, motel, swimming pools, swimming facilites, .), but that the CPF is the owner (despite the fact that there are official documents with the force of the public documents proving that the company Fantazija projekt is the actual owner of 100% ofall the existing facilities on the Shmidhen land parcel), ETC. ‘74, On 14 April 2011 the Government of the Republic of Croatia relieved of duties the former 75. 76. president of the CPF and at that time the director of SPMA, Mr. Vedran Duvnjak, after which he ‘was appointed Secretary of State in the Ministry of Agriculture, headed by Petar Cobankovic, ‘who held the position of President of the CPF Management Board and Deputy Prime Minister of ‘the Republic of Croatia for the Economy in the period af 2010/2011. (On the same day (14 April 2011), the Government of the Republic of Croatia delivered the decision to appoint Ms. Iva Galic head of SPMA. Ms. Galic previously held a leading position in the CPF professional legal service during the period 2009/2010, after which she held the position of acting president of the CPF from 1 January 2011. -01 April 2011. By the letter with ref.no. M-DO-356 / 09-21 dated 14 April 2011 addressed to the State Property ‘Management Agency, Reference:Subdivision of the real estate owned by the Republic of Croatia, 20