JUSTITIAM QUI JUDICATIS TERRAM.

Similar documents
March 15, 2016 year 06 No. 04

December 15, 2018 year 08 No. 13 Migrant Caravan: Support it or reject it? by Edgar Bezares. November NEWS on Mexican Commercial Law

February 15, 2016 year 04 No. 03

CIVIL AVIATION AUTHORITY REGULATIONS 1972

What s the safest exit???? Pre-agreed rights to unilateral termination in case of default. by Viridiana Barquín. DECEMBER NEWS on Mexican Aviation

Andrés Manuel López Obrador

Title 10: COMMERCE AND TRADE

US-Mexico Cross Border Energy Cooperation: a new era in the Gulf of Mexico

ROAD MAP FOR THE ENHANCEMENT OF THE BILATERAL RELATIONS BETWEEN THE SWISS CONFEDERATION AND THE ISLAMIC REPUBLIC OF IRAN

AM) The Federal Military Government of the Federal Republic of NIGERIA,

OSWEGO COUNTY PURCHASING DEPARTMENT. Purchasing Director Purchasing Clerk Purchasing Clerk

COMMITTEE ON BINATIONAL REGIONAL OPPORTUNITIES

REPUBLIC OF MONTENEGRO GOVERNMENT OF THE REPUBLIC OF MONTENEGRO MINISTRY OF INTERIOR LAW ON THE STATE BORDER SURVEILLANCE. Podgorica, July 2005.

Possibility of China-Japan-South Korea Cooperation in Africa in the Context of South- South and Triangular Cooperation

DECISION No 1/2014 OF THE EU-COLOMBIA-PERU TRADE COMMITTEE

NOW, THEREFORE, IT IS MUTUALLY AGREED AS FOLLOWS:

Wonderful Copenhagen Official tourist and convention bureau of Copenhagen & Norwegian "NOMA competition" Sweepstakes

CHAPTER 7 TRADE IN SERVICES. Article 1: Definitions

III. MEETINGS AND TRAVEL

Speaking notes for the Honourable Ed Fast. Minister of International Trade. At the Joint Business Luncheon

BELIZE EXCHANGE OF OFFENDERS (BELIZE/MEXICO) ACT CHAPTER 114 REVISED EDITION 2000 SHOWING THE LAW AS AT 31ST DECEMBER, 2000

China Tourist Visa Application Pack

Volunteer Services Agreement

Executive Summary. The SEC also approved amendments to Rule 10205(h) to conform the injunctive relief fee provision to the permanent rule.

- CODE APPENDIX A - ZONING ORDINANCE ARTICLE 13. HISTORIC AND CULTURAL DISTRICT

VENEZUELA. Issuing Authorities

WHAT YOU SHOULD KNOW ABOUT THE JULY 2018 ELECTIONS IN MEXICO.

PROTOCOL CONCERNING COOPERATION IN PREVENTING POLLUTION FROM SHIPS AND, IN CASES OF EMERGENCY, COMBATING POLLUTION OF THE MEDITERRANEAN SEA

China Tourist Visa Application Pack

EXECUTIVE OFFICE OF THE PRESIDENT OFFICE OF MANAGEMENT AND BUDGET WASHINGTON, D.C

PROPOSED CONSTITUTIONAL AMENDMENTS IN THE STATE OF CHIAPAS

SERVICE MANAGER SERVICE AGREEMENT. Community Homelessness Prevention Initiative

Once you have gathered all the information required please send to Key Travel s visa department

This document has been provided by the International Center for Not-for-Profit Law (ICNL).

API FACT SHEET Updated: 11 November 2016

COUNTRY DATA: Guatemala: Information from the CIA World Factbook INTRODUCTION GEOGRAPHY

M :xico. GENERAL DEBATE 68th SESSION GENERAL ASSEMBLY OF THE UNITED NATIONS. H.E. MR. JOSe: ANTONIO MEADE KURIBRENA SECRETARY OF FOREIGN AFFAIRS

EUROPEAN EXTERNAL ACTION SERVICE

Treaties. of May 20, 2015

AGENDA. Bill # HB Tax Exempt Gas Sales Between Gov Entities

AGENDA. WELCOME Commissioner Dan Gibbs, Chair Commissioner Erik Hansen, Vice Chair Tony Lombard, CCI Eric Bergman, CCI INTRODUCTIONS

WELCOME TO MEXICO CITY

Tourist Visa for Lebanon

49 USC NB: This unofficial compilation of the U.S. Code is current as of Jan. 4, 2012 (see

BASF Tanzania Limited Standard Terms and Conditions of Sale

CARGO CHARTER GENERAL TERMS AND CONDITIONS

The EU at 60: an open global trading partner

OFFICIAL GAZETTE OF THE REPUBLIC OF KOSOVA / No. 02 / 20 JANUARY 2012, PRISTINA. LAW No.04/L-072 ON STATE BORDER CONTROL AND SURVEILLANCE

Tourism represents 13.8% of the world s GDP Globally 3.6% of jobs are in tourism - this is one in every 10 jobs on the planet Tourism is one of the

Security and Intelligence in US-Mexico Relations 1. Luis Herrera-Lasso M. 2

Minnesota Rules of No-Fault Arbitration Procedures

National Survey Report. May, 2018

Case 2:10-md CJB-SS Document Filed 07/26/13 Page 1 of 2 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF LOUISIANA

Custodian Agreement. as Client. and. Butterfield Bank (Cayman) Limited as Custodian. Butterfield Bank (Cayman) Limited IS4-12

Official Journal of the European Union. (Legislative acts) REGULATIONS

(2002/309/EC, Euratom)

MANDATORY ORDER FORM. 323 Geary Street, # 815 San Francisco, CA Toll Free

International Migration Statistics in the ECA Region *

COMMISSION OF THE EUROPEAN COMMUNITIES COMMUNICATION FROM THE COMMISSION TO THE COUNCIL AND THE EUROPEAN PARLIAMENT

London Olympics Bill

Facility Crossing Part 2

CROSSLINK PUBLISHING CONTRACT

Rewards Sweepstakes Official Rules

Community of Latin American and Caribbean States (CELAC) Procedures for the Organic Operation of CELAC

COOK ISLANDS AVIATION OFFENCES ACT 1973 ANALYSIS. Offences Relating to Aircraft. Taking firearms, explosives, etc., on to aircraft

THE TRUMP SLUMP IN TOURISM

MEXICO: THE NATIONAL GUARD INTERNATIONAL HUMAN RIGHTS OBLIGATIONS

THE STATUTES OF THE REPUBLIC OF SINGAPORE ENERGY CONSERVATION ACT (CHAPTER 92C)

International migration within Latin America. Mostly labor circulation flows Industrial and urban destinations Rural origin to urban destination

Consent Agenda Item for August 24, 2009, Commissioner s Court Meeting

UPDATE. Asia at the Crossroads: 5 forces transforming Asia-Pacific region Fraser Thompson, AlphaBeta

REVISOR FULL-TEXT SIDE-BY-SIDE

Programmes and Projects - Facilitation (FAL) 5.2 Report on Facilitation Best Practices/Establishment of a Database Project FAL BEST PRACTICES

Proceeds of Crime Act 2002 (POCA)

PARIS AGREEMENT. Being Parties to the United Nations Framework Convention on Climate Change, hereinafter referred to as "the Convention",

Convention on Fishing and Conservation of the Living Resources of the High Seas 1958

AAA Commercial Arbitration Rules and Mediation Procedures (Including Procedures for Large, Complex, Commercial Disputes)

GENEVA ACT OF THE LISBON AGREEMENT ON APPELLATIONS OF ORIGIN AND GEOGRAPHICAL INDICATIONS

Foreword. Rules and Regulations

CHAPTER 13. AUTHORIZED LEGAL AID PRACTITIONERS RULE GENERALLY RULE PURPOSE RULE DEFINITIONS

Facility Crossing Agreement

MARITIME ARBITRATION RULES SOCIETY OF MARITIME ARBITRATORS, INC.

JOURNALIST LEGAL AID FUND MANUAL

Critical Assessment of the Implementation of Anti Trafficking Policy in Bolivia, Colombia and Guatemala Executive Summary

6. If 750 tickets have not been sold by September 5, 2016, the HAMC may elect to cancel the Raffle and refund all ticket purchases.

OPTIMUMSSL RELYING PARTY AGREEMENT

FCCC/CP/2015/10/Add.1 Annex Paris Agreement

Directives to Divisional-type Air Navigation Meetings and Rules of Procedure for their Conduct

CHINA FORUM ON THE BELT AND ROAD INITIATIVES

LOCAL RULES SUPERIOR COURT of CALIFORNIA, COUNTY of ORANGE DIVISION 1

to improve access to justice in cross-border disputes by establishing minimum common rules relating to legal aid for such disputes

49 USC NB: This unofficial compilation of the U.S. Code is current as of Jan. 4, 2012 (see

TERMS AND CONDITIONS WHICH APPLY TO THE SALE OF ALL CONCRETE AGGREGATES ASPHALT AND MORTAR AND SUPPLY OF RELATED SERVICES BY ANY MEMBER OF

The Commonwealth of Puerto Rico

EliteJets Standard Conditions of Charter of Aircraft

ACE of Birmingham Quarter-Year Handbook: 2019 Spring Season

AVIATION REGULATION ACT, 2001

Private sector fundraising and partnerships

SOME FACTS ABOUT MEXICO'S TRADE

BlueStarJets, LLC. ( Client or you ) having its contact. address at. SKYCARD PROGRAM ACCOUNT INITIAL DEPOSIT: $ RECITALS:

Transcription:

Briefing, analysis, opinion and insight of legal affairs in Mexico. Digital publication by Abogados Sierra January 15, 2019 year 08 No. 02 Supreme Court precedents related to the 2017 amendments and modifications to the civil aviation law and federal consumers protection law. by Julio Vargas. December NEWS on Mexican Commercial Law DILIGITE JUSTITIAM QUI JUDICATIS TERRAM. Ye who judge the earth, give diligent love to justice

Supreme Court precedents related to the 2017 amendments and modifications to the civil aviation law and federal consumers protection law. by Julio Vargas. In past deliveries we have been addressing several issues of the 2017 amendments to several provisions in Mexican legislation regarding consumer protection rights and the civil aviation laws, that have an impact in both domestic and international flights. Several airlines that operate domestic and international flights decided to challenge such legal reform since they consider that it affects its constitutional rights including several international and bilateral treaties in which Mexico is part thereto. After a year of administrative litigation, our Supreme Court has begin ruling on different cases and establishing the first precedents related to the interpretation of such in depth legal reform. In general terms, our highest court has sustained that all the amendments are within the Mexican constitutional frame. Such court precedents for the current moment are not binding, since it is required 5 uninterrupted precedent rulings all in the same direction, but undoubtedly reflect the Supreme Court s position which constitutes a guidance to the lower courts and judges to be observed. Nevertheless and due to the amount of cases yet to be resolved, the possibility for the Supreme Court to overrule some of these first precedents exists, but that will depend on pending several arguments raised by different airlines counsel yet to be studied, that eventually may prevail. Due to the extension of the aviation themes addressed by our Supreme Court, we will make brief and quick references to the ones that affect international air transport. 1. Amendments related to indemnities and compensations due to delays and cancelled flights established in the civil aviation law are, in first instance, compatible with the Responsibility Limits system established in the Convention for the Unification of certain rules for the international air transport. 2. The obligations to: i) allow the passenger the use of the second flight segment; ii) return of the ticket price if the purchase is cancelled; iii) free transport of baggage within certain specifications, are all compatible with the Convention for air transport between Mexico and Perú. This means that the court would have to compare this provisions with other conventions in which Mexico is a part thereof, and resolve case by case. 3. The policies related to baggage on international flights are subject in the first instance to the provisions established in international conventions. 4. The obligation for the airline to pay indemnities for causes set forth in the civil aviation law regarding the payment of indemnities in cases attributable to the airline does not violate the constitutional supremacy since it is sustained in the international provisions and conventions that regulate aviation matters being Mexico a party thereto. 5. Our Supreme Court also established a precedent ordering on how the international regulations must be interpreted and applied by the judges in cases were the matter is also regulated in national regulations. 01 TERRUM Monthly digital publication Abogados Sierra www.asyv.com

In this special and important ruling, court has ordered that in any case were international air transport regulations must be applied, the competent judge or court must have at hand the international convention deemed applicable and the civil aviation law and proceed to execute the following test in order to resolve the controversy. a. If in the case at hand exists or not international regulation. b. if in the case it exists simultaneously national and international regulations. c. in such event, if that double regulation has the same time, space, personal and material scope and in that case, if the applicable regulations assign different and incompatible legal consequences to the same hypothesis that impedes its simultaneous application. d. if the incompatibility of regulations is real and it cannot be superseded through interpretation rules. e. in the event that it has been confirmed that the regulations incompatibility exists, then the legal operator must apply all the applicable criteria to resolve regulations conflicts or contradictions, taking into account that in the case of international air transportation regulation the special rule will always be the one contained in the international convention that Mexico is part thereof, as established in our constitution, and; f. on the contrary and in the event of the absences of the special rule, then it must apply the Mexican civil aviation Law or any other legal source ordered in such law. After a year of administrative litigation, our Supreme Court has begin ruling on different cases and establishing the first precedents related to the interpretation of such in depth legal reform. 6. Mexican federal congress has competence to regulate international air transport since the Mexican air space in which is rendered is considered a General Way of Comunication in national territory. 7. The liberty of tariff principle that applies to air transport does not limits congress to obligate airlines to be abide by certain limits or conditions when establishing their tariffs for their service rendered or offered. Our Supreme Court continues ruling additional issues related to domestic flights, that due to their length will be address in future deliveries. There are still several cases pending and we may expect that with these Supreme Court rulings, the pending cases may be sent back to high courts to be resolved following the precedent guidance that has been established by our highest court. Monthly digital publication Abogados Sierra www.asyv.com TERRUM 02

Terrum News December 2018 Mexico launches $7.4bn Tren Maya railway project. Mexican President Andrés Manuel López Obrador has launched the Maya Train - an ambitious project to build a railway through five south-eastern states. At an indigenous ceremony near the ancient Mayan ruins of Palenque, he said this would help create hundreds of thousands of jobs. The 1,525km (950-mile) railway will link Palenque and the tourist resort of Cancún on the Caribbean coast. But opponents warn it could damage the region s important biosphere. A third of the planned route passes through pristine jungle, and the owners of the land, the Maya people, say they have not been consulted. But President López Obrador dismissed environmentalists concerns, promising that we won t uproot a single tree. The four-year project is expected to cost up to $7.4bn. https://www.bbc.com/news/worldlatinamerica46588042?intlink_from_url=https://www.bbc. com/news/topics/crr7mlg0vr2t/mexico&link_location=live-reporting-story. 17/12/2018. Expectations of the railway sector after the closing of 2018. After that in the January-September 2018 period, cargo traffic in the Mexican Rail System increased by 2% compared to 2017, the railway sector already has growing expectations towards the new year. As declared by Iker de Luisa, General Director of the Mexican Association of Railways (AMF), in general terms the railway sector is going well, the traffics and routes have been maintained in an orderly manner and will keep this line for 2019. http://t21.com.mx/ferroviario/2018/12/21/expectativas-sector-ferroviario-cerrar-2018 21/12/2018. Migrants stuck in Tijuana dream of US as they celebrate uncertain Christmas. Volunteers try to bring some cheer to Central Americans with traditional food and gifts, but fear and anxiety haunt the holiday, Throughout Tijuana, volunteers and organizations from around the city and across the border have also been doing their best to inspire holiday spirits. In front of the camp on Saturday, 25 cooks organized by chef Armando Rodiel were preparing Christmas paella for the migrants over wood stoves a feat that required 1,600 pounds of chicken and pork, 800 pounds of rice, 400 pounds of olive oil, three weeks of planning and one specially ordered seven-foot-wide paella pan. https://www.theguardian.com/us-news/2018/ dec/25/central-american-migrants-tijuana-christmas 24/12/2018. Auto industry worried over reopening border to used vehicles from US. An auto industry leader has expressed concern that Mexico s northern border could be reopened to the indiscriminate importation of used cars from the United States. Guillermo Rosales Zárate, deputy general manager of the Mexican Automotive Dealers Association, said there is pressure to change the policy that regulates the importation of used cars even though until today it has been successful the pressure comes mainly from lawmakers and authorities in northern states. https://mexiconewsdaily.com/news/industry-worriedover-reopening-border-to-used-vehicles/ 28/12/2018. Irregularities detected in spending of 3 billion pesos in disaster relief. The spending of over 3 billion pesos (US $159 million at the time) from the national disaster relief fund Fonden in 2017 was administered imprecisely, lacked transparency and suffered irregularities, according to an internal report by the Secretariat of the Interior. The analysis looked at 10 disaster declarations in which funds were granted to rebuild roads, water, marine, tourism and education infrastructure. Seven of the declarations were issued in the states of Veracruz and Oaxaca in the aftermath of a hurricane and a series of earthquakes. The OIC also found imprecise follow-up and supervision of activities related to the allocation because the governments of both states failed to follow new rules. https://mexiconewsdaily.com/news/irregularities-detectedin-spending-of-3-billion-pesos/ 30/12/2018. In this month extract was prepared by J. Estrada and José Manuel Muñoz. 03 TERRUM Monthly digital publication Abogados Sierra www.asyv.com

Briefing, analysis, opinion and insight of legal affairs in Mexico. JULIO VARGAS Attorney at Law: Admitted to practice law in 1990. Mr. Vargas of Mexican nationality obtained his law degree at the Instituto Tecnológico Autónomo de México A.C. (ITAM). Mr. Vargas is specialized in financial litigation for over 20 years. LANGUAGES: Spanish and English. PRACTICE AREAS: Litigation of civil, commercial, stock market, banking, environmental, and administrative law in low courts, appellate and Supreme Court and corporate law. e-mail: jvargas@asyv.com Prol. Reforma No. 1190 25th Floor, Santa Fe México D.F. 05349 t. (52.55) 52.92.78.14 f. (52.55) 52.92.78.06 www.asyv.com / www.asyv.aero The articles appearing on this and on all other issues of Terrum reflect the views and knowledge only of the individuals that have written the same and do not constitute or should be construed to contain legal advice given by such writers, by this firm or by any of its members or employees. The articles and contents of this newsletter are not intended to be relied upon as legal opinions. The editors of this newsletter and the partners and members of Abogados Sierra SC shall not be liable for any comments made, errors incurred, insufficiencies or inaccuracies related to any of the contents of this free newsletter, which should be regarded only as an informational courtesy to all recipients of the same.