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GC Alert | Electric Industry Law: definitive suspensions against the reform decree have been revoked

07/23/2021

Legal News / Updates

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On March 9th, 2021, the decree that modifies and amends several provisions of the Electric Industry Law (the “Amended LIE”) was published in the Official Gazette of the Federation (the “Decree”). The Decree became effective on March 10th, 2021.

Multiple constitutional remedies (amparos) were filed against the Decree. Both District Judges in administrative matters specialized on antitrust matters granted definite suspensions with general effects in relation to those amparos filed against the entering into force of the Decree. The filing of such amparos meant the Amended LIE could not be enforced at all, until these are resolved.

A number of governmental bodies (i.e. Ministry of Energy) appealed such suspensions. Derived from such appeals, both Collegiate Circuit Courts in administrative matters specialized on antitrust matters have considered the mere entry into force of the Amended LIE does not hinder the plaintiff’s rights.

The decision of the collegiate courts as to revoking the suspensions is final and unappealable; however, there are still in place other suspension reliefs with general effects, which will continue to prevent the entry into force of the Amended LIE as those amparos have not been definitively resolved. It is expected government authorities will seek to challenge such suspensions and for higher courts apply equivalent criteria to that already applied.

At González Calvillo we are prepared to provide the advice you require in relation with this issue. We remain at your disposal for any questions or clarifications regarding the scope of this.

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