Mexico.- Federal judge Ramón Lozano Bernal notified today that Iberdrola has already guaranteed the fine of 9 thousand 145 million pesos that the Energy Regulatory Commission (CRE) imposed on him on May 25, so the Government will continue to be prevented from executing said sanction on the assets of the Spanish company.
“The requirement of effectiveness imposed on the complaining legal entity is considered fulfilled and the fiscal interest before the executing authority is guaranteed. Therefore, it is ordered to inform the parties that the precautionary measure continues to have its effects“, reported the judge.
The “exacting authority” is the Tax Administration Service (SAT), before which the company presented bank letters of credit that cover the total amount of the fine to Iberdrola – the highest that the CRE has imposed – as well as updates for the following 12 months, which are calculated according to the rules of the Fiscal Code of the Federation.
Lozano left open the possibility that the SAT alleges that the requirements for definitive suspension were not duly met.
It is not known which bank or banks issued the letters of credit, but Iberdrola generates annual sales of more than 35 billion euros and it is not unusual for it to be able to obtain financial backing.
The definitive suspension will be in force for as long as it takes the Judiciary to resolve the legality of the fine, which the CRE imposed for alleged illegal sales by the subsidiary Iberdrola Energía Monterrey in 2019 and 2020.
Both the company and the Government challenged the definitive suspension before a collegiate circuit court, for which the measure could be modified, confirmed or revoked in the coming months.
The final suspension was granted on July 14. On July 25, the SAT and the CRE asked the judge to revoke it, alleging that Iberedrola had presented the letters of credit online, when he had to have done so in person.
Lozano rejected this request, since Iberedrola proved that on July 22, when he tried to show the guarantee in person, he found the SAT offices closed for vacations.
The guarantee must be presented to the tax body because the fines imposed by the CRE are tax credits. The Amparo Law provides that, in lawsuits against debts with the treasury, it is appropriate to grant the suspension, as long as the taxpayer guarantees the respective amount.
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On July 19, President Andrés Manuel López Obrador attacked Judge Lozano and insinuated that Iberdrola presented false documents.
“We are investigating this judge about the Iberdrola case, we are reviewing how he granted an amparo so that Iberdrola does not pay a fine of 10 billion pesos. Because it was not a process, let’s consider, be careful; and we presume, no I want to advance, that there was falsification of documents,” he asserted.