JUDICIAL RULINGS REGARDING CNBV’S CORRECTIVE MEASURES OFFICIAL COMMUNICATIONS
Mexico City, August 25, 2023. As per article 50, section V, subsection b), of the Issuers Regulations, and in connection with the relevant events dated February 25, 2021, April 9, 2021, April 12, 2021, April 12, 2023 and June 1, 2023, by means of which Aleatica, S.A.B. de C.V. (“Aleatica” or the “Company”) (BMV: “ALEATIC”) informed the market about the corrective measures ordered by the National Banking and Securities Commission (the “CNBV”) to the Company and to the group companies: Organización de Proyectos de Infraestructura, S.A.P.I. de C.V. (“OPI”) and Concesionaria Mexiquense, S.A. de C.V. (“Conmex”) through the official communications dated February 24, 2021 (the “Communications”), the filing of federal contentious administrative proceedings (the “Annulment Proceedings”) against the Communications and the status of the ongoing judicial proceedings in connection with the Communications; the Company informs:
As it had been previously communicated, by ruling dated December 7, 2022, issued in Aleatica’s Annulment Proceeding, the Communication was declared null and void based on the form of the Communication. By means of different rulings, the Communications addressed to OPI and Conmex were also declared null and void, based on the form of said communications.
In said context, amparos directos were filed against the rulings of the Annulment Proceedings, in order to obtain a broader annulment of the Communications, that covered the substance of the matters at hand.
As it was informed through relevant event dated June 1, 2023, on that date OPI was notified of the favorable ruling issued in the referred amparo directo proceeding which granted OPI the requested amparo.
In its ruling, the Collegiate Tribunal resolved the substance of the matter and ordered the issuance of a new ruling in OPI’s Annulment Proceeding by which the CNBV is instructed to issue a new communication in which no corrective measures are imposed to OPI with regards to the form of accounting registry of the investment in concessions.
On this matter, and as per request of the CNBV, the Company informs that: (i) the Federal Court of Administrative Justice issued the new ruling in OPI’s Annulment Proceeding by which the CNBV is instructed to issue a new communication in which no corrective measures are imposed to OPI with regards to the form of accounting registry of the investment in concessions (the “New Annulment Ruling”); (ii) the CNBV filed a fiscal motion for review against the New Annulment Ruling; (iii) the referred motion for review was dismissed; and (iv) the Company is not aware that said dismissal has been challenged.
In this regard, the Company highlights that: (i) the CNBV’s compliance of the New Annulment Ruling is still pending; and (ii) the amparo proceedings filed by Aleatica and Conmex on this same matter are still pending to be resolved; because of which, at this time, the Company is not in a position to make a decision with regards to the applicability of the judicial rulings and, consequently, will continue to carry out the accounting registry of the investment in concessions as it has been doing it until this date.
About Aleatica, S.A.B. de C.V.
Aleatica, S.A.B. de C.V. is positioned as a relevant transport infrastructure operator in the industry within the metropolitan area of Mexico City, both for the number of concessions awarded and the miles of highways under management. Currently, Aleatica, S.A.B. de C.V. builds, manages, operates and maintains 7 toll roads and one airport. The highway and related infrastructure concessions are located in urban areas with high vehicular traffic in Mexico City, the State of Mexico and the State of Puebla. In the airport sector, Aleatica participates in the integral management of the second largest airport serving the Mexico City metropolitan area. For more information visit our web page www.aleatica.com.
