Invalidation of Official Mexican Standards due to formal violations during its approval.

Mexico City, January 9, 2024.

A Regional Plenary resolved a highly relevant case in regulatory matters a couple of weeks ago, issuing one of the most specialized judgments regarding Official Mexican Standards (NOMs).

NOMs are critical for the development of activities across various sectors, and it’s rare for courts to question or analyze their validity or updates.

In this case, the court examined the Federal Law on Metrology and Standardization and the specialized procedure for drafting NOMs. This procedure involves technical regulatory standards that are mandatory, involving personnel from various departments and competent organizations. It aims to ensure the participation of different sectors of society through the integration of the corresponding National Consultative Standardization Committee, depending on the subject matter.

As a result, it was determined that non-compliance with formal requirements in the sessions for approving the project and the definitive publication order of the standard constitute violations of the specialized technical procedure for creating a NOM. These violations transcend to the illegality of the standard.

This analysis occurred due to formal irregularities presented concerning NOM-005-SCFI-2017 ‘Measurement Instruments – System for Measurement and Dispensing of Gasoline and Other Liquid Fuels with a maximum flow rate of 250 L/min – Specifications; test methods, and verification.

Case Law PR.A.CN. J/42 A (11a.)