JUDICIAL RULINGS REGARDING CNBV’S CORRECTIVE MEASURES OFFICIAL COMMUNICATIONS (FOLLOW-UP)
Mexico City, August 29, 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 June 1, 2023, and August 25, 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; as per request of the CNBV, following up on the relevant event published on August 25, 2023, the Company informs:
As it had been previously communicated in the aforementioned relevant event: (i) as a result of the amparo directo filed by OPI in connection with the Communication of OPI, the Federal Court of Administrative Justice issued 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 (the “New Annulment Ruling”); (ii) the CNBV filed a fiscal motion for review against the New Annulment Ruling (the “Motion for Review”); and (iii) the Motion for Review was dismissed.
In such regard, today a procedural ruling was issued within the file of the Motion for Review by means of which the dismissal of the referred Motion for Review was declared final; therefore, the New Annulment Ruling issued in OPI’s Annulment Proceeding is now final.
In this regard, the Company reiterates 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.
