THE NATIONAL SUPREME COURT OF JUSTICE RESOLVED THE ACTION OF UNCONSTITUTIONALITY FILED AGAINST THE ELECTRICITY INDUSTRY LAW.

Mexico City, April 12th, 2022.

On April 7th, 2022, the National Supreme Court of Justice of Mexico (SCJN), resolved the action of unconstitutionality filed by a group of senators against the Electricity Industry Law, which was amended, added, and repealed on March 9th, 2021.

The qualified majority of 8 votes out of 11 was not reached to rule the Electricity Industry Law (Ley de Industria de Eléctrica) unconstitutional. In this regard, the amendments to the Electricity Industry Law aimed to strengthen the Federal Electricity Commission will remain in force, which among others, comprise:

  • A new priority order for the dispatch of electric energy.
  • The permits referred in the Electricity Industry Law will be subject to the criteria issued by the Energy Ministry regarding the National Electric System planification.
  • The Energy Regulatory Commission (“CRE” for its acronym in Spanish) must revoke the self-supply permits, including their amendments, whenever same had been obtained by means of fraudulent acts.
  • The obligation for CFE Basic Supplier (CFE Suministrador de Servicios Básicos) to purchase electric energy through the electric auctions previously called by the National Centre of Energy Control (“CENACE” for its acronym in Spanish) is deleted.

Although, the Electricity Industry Law will remain in force, it is important to note that the amparo actions filed before the Federal District Courts will continue their legal course, and the stay for executions granted in such trials, will continue to have full legal effects, unless they are revoked or modified by a Collegiate Circuit Court.

The lawyers of the energy, infrastructure and administrative areas of the firm are available for any questions or comments on the above.

 

SINCERELY,

Juan Carlos Serra
serra@basham.com.mx

Rodolfo Barreda
rbarreda@basham.com.mx

Pablo Nosti Herrera
pnosti@basham.com.mx

Pablo Chevez Gallegos
pchevez@basham.com.mx

Fernando Osante Kretchmar
fosante@basham.com.mx

Rodrigo Alfonso Ruiseñor Núñez
aruisenor@basham.com.mx