The closure of APM Terminals operations in Guatemala has not but been finalized. Regardless of the most recent notifications confirming the lawsuit that the Lawyer Normal’s Workplace (PGN) gained in 2016, the corporate might resort to actions that might nonetheless delay the execution of the sentence.
This, in line with the statements of Julio Saavedra, Lawyer Normal of the Nation, who defined to Free Press the authorized route that the APM Terminals case has had, previously often known as the Quetzal Container Terminal (TCQ). Negotiation of usufruct that was one of many first felony proceedings for corruption towards the duo of the disappeared Patriota Social gathering (PP), led by Otto Pérez Molina and Roxana Baldetti.
Saavedra defined that the nullity of the contracts comes from a ruling issued on October 16, 2017, and an extension resolved on December 21 of the identical yr, however following these resolutions there have been challenges.
The case was raised by cassation to the Supreme Court docket of Justice (CSJ), which dismissed the authorized actions and motivated amparo actions that weren’t resolved in a positive method for the events, sustaining the ruling that ordered the nullity of the APM Terminals contracts. .
The Chamber despatched the decision in July 2023, the place it confused the phrases, because it requested that the method be “executed”, when the right factor was to “execute the sentence”, in line with Saavedra’s clarification.
This error prompted the PGN to current a brand new attraction for clarification; whereas APM Terminals offered a substitute and the Quetzal Port Firm requested an extension and clarification. The three actions have been resolved solely in a positive method to the PGN, however all have been notified on June 10, confirming, as soon as once more, the nullity of the contracts.
The next steps
Though the lawsuit was resolved favorably for the PGN, it nonetheless can’t request that the contract be executed and annulled. In line with the Lawyer Normal of the Nation, they have to wait if the opposite events don’t current appeals or authorized actions.
“The opposite events, particularly EPQ and APM Terminals, should consider whether or not they will in some way problem this. For any decision to grow to be closing, not less than three days should go; till that occurs, we can’t transfer on to the following half,” Saavedra stated.
The following phases can be to ask the courtroom that issued the sentence to proceed legally with the execution. For which they must ship notifications to the Normal Property Registry.
“On Friday we can current a doc requesting the courtroom to increase the workplace to have the ability to cancel the usufruct within the Normal Property Registry,” stated the legal professional.
After this, it’s also applicable to ask the Superintendence of Tax Administration (SAT) to take motion. “As soon as the Normal Property Registry cancels it, the SAT is notified to take motion on the matter, which interprets into the decision the place the SAT granted the terminal customs warehouse to APM Terminals, the place it will stop to be legitimate. ”.
Saavedra averted assessing whether or not the sentence might have an effect on the State or convey issues to TCQ, since as Lawyer Normal of the Nation he can solely clarify the authorized means of the case.
APM analyzes shares
In the meantime, an announcement from APM Terminals reported that they’re analyzing the authorized actions to observe. This following being notified of the most recent rulings that annul the contracts for his or her operations.
“APM Terminals Quetzal SA is reviewing the legality of stated resolutions and is evaluating the next authorized actions that apply,” he famous.
They point out that they’re respectful of the judicial selections and that they’ll abide by them, including that “APM Terminals Quetzal SA will proceed to function with excessive requirements, transparency and effectivity to contribute to the traditional functioning of the Guatemalan logistics chain, till such time as it’s needed. permitted by the competent authorities.”
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