ANI sues the concessionaire of Pier 13 for alleged contractual disputes

The National Infrastructure Agency (ANI) filed this Thursday before the Administrative Court of Valle del Cauca a claim for contractual disputes against the Grupo Portuario SA Company , in order to declare null and void Resolution No. 20233030018615 of 2023 , which approved a substantial modification to the concession contract with which the execution of the concession contract for the operation of Pier 13 of the port of Buenaventura began in 2005.

" After a detailed legal analysis of the aforementioned resolution, the ANI was able to establish that it was issued without complying with essential legal requirements in port, environmental and administrative matters, given that, among other reasons, the prior legal condition imposed by the entity's own Legal Vice Presidency, related to the effective reversion of Pier 13, port infrastructure whose availability was essential for the requested modification , was not met," the entity explained.

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The ANI stated that it was able to demonstrate a lack of favorable and definitive pronouncements from several authorities with environmental jurisdiction , " which generated significant risks for the environment of the Port of Buenaventura ."

It is worth mentioning that the resolution issued granted the Port Group the right to profit from the terminal for 20 more years from the expiration date of the first award , that is, from December 28 of this year.

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However, on December 28, 2023, the ANI held an extraordinary meeting of the Board of Directors in which the resolution was reviewed, later deciding to revoke it , stating a “ possible generation of significant negative environmental impacts on the territory of Buenaventura, among other factors, unanimously deciding not to approve it .”

This is how the entity issued Resolution number 20243000000135 of 2024 , in which they declared the loss of enforceability of the resolution issued a year earlier, thereby establishing that the Port Group would only have control over Pier 13 until 2025, that is, the expiration date of the initial award.

PORTFOLIO