Pursuant to paragraph b), Section V, of article 50 of the General Provisions Applicable to Issuers of Securities and Other Participants of the Securities Market (the “CUE”), OHL México, S.A.B. de C.V. (“OHL Mexico” or the “Company”) (BMV: OHLMEX) announces that in connection and follow up to the relevant events issued by the Company on July 8, 2014, December 17, 2014, and December 4, 2015, as of yesterday, the Second Courtroom of Mexico’s Supreme Court held a session to rule on the judicial review motion brought by Gregorio López Ortega (file ADR 427/2016) against the ruling issued by the Third Collegiate Circuit Court on Administrative Matters of the Second Circuit, whereby constitutional protection (amparo) was denied to the claimant, confirming the overruling and dismissal of the annulment claim filed against the Concession Title of the Circuito Exterior Mexiquense.
Following is a list of the administrative acts that Gregorio López Ortega appealed as null on the referred dismissed procedure:
1. Power Delegation Agreement issued by the Secretary of Communications of the State of Mexico, published in the official gazette on October, 24, 2002.
2. The Concession Title;
3. The financial obligation (debt) assumed by the Government of the State of Mexico by means of the Concession Title without the authorization of the Secretary of Finance and without the participation of the State Legislature;
4. The financial obligation (debt) assumed by the Government of the State of Mexico by means of the Concession Title in favor of foreign entities;
5. Power Delegation Agreement issued by the Secretary of Communications of the State of Mexico, published in the official gazette on October, 23, 2003.
6. Agreement entered into by the Company and the Government of the State of Mexico as of December 2003, in which the parties allegedly agreed to make the payment of $157.4 million pesos, provided in paragraph a) of the Twenty Second Condition of the Concession Title, by the construction of two hospitals in the Municipalities of Ecatepec de Morelos and Atlacomulco, both in the State of Mexico.
7. Payments in kind of the obligations due by OHL under the Concession Title.
8. The First Modification;
9. The prevailing allocation of the toll payment collection rights to the corresponding trust fund, in case of early termination of the Concession Title.
10. Power Delegation Agreement issued by the Secretary of Communications of the State of Mexico, published in the official gazette on October 25, 2004.
11. The Second Modification to the Concession Title;
12. The Third Modification to the Concession Title;
13. The Fourth Modification to the Concession Title;
14. The Agreement 01/2009.
15. The extension of the Concession´s term, the authorization of the Additional Increases and the supposed authorization to capitalize the earnings or profit that OHL is entitled to charge collecting from the Circuito Exterior Mexiquense, as per the Fifth Modification;
16. The Sole Opinion; and
17. Each and every one of the acknowledgments issued by SAASCAEM and/or the Ministry of Communications, regarding the Company’s investment that is susceptible of being recovered along with the agreed revenue collecting from the Circuito Exterior Mexiquense.
Given the aforementioned, by means of this ruling, the Supreme Court confirms the lack of grounds and unlawfulness of the actions and claims brought by Gregorio López Ortega against OHL Mexico, given that such ruling is final and non‐appealable.
