– Aleatica, S.A.B. de C.V. (“Aleatica” or the “Company”) (BMV: “ALEATIC”), in connection with the relevant event published by the Company on January 15, 2019, the Company hereby informs the market that today the Company was served with a lawsuit filed against it, amongst other defendants, in connection with the tender offers for Aleatica´s shares carried out in June 2017 and April 2018 (the “Lawsuit”).
The Lawsuit was initially dismissed and afterwards admitted as a consequence of the resolution of a court sitting in Acapulco, Guerrero. Additionally, all preliminary injunctions requested by the plaintiff were dismissed. It is worth mentioning that the shares of Aleatica subject to the Lawsuit represent less than 0.1% of the Company’s stock.
The Company based on advice from in-house and external legal counsel considers that the claims by the plaintiff lack grounds and are inadmissible, considering that the Company has acted in accordance with the applicable regulations and that the content of the Lawsuit is practically the same as the content of the lawsuit referred to in the relevant event published by the Company this past May 8, 2018.
The Lawsuit was filed by Banco Actinver, S.A., Institución de Banca Múltiple, Grupo Financiero Actinver, acting solely and exclusively in its capacity as trustee of a living trust, where, according to the information available, Mr. Francisco Eugenio Suárez Guevara acts as the only settlor and who in turn appointed Mr. Paulo J. Diez Gargari as attorney-in-fact, with the latter executing the Lawsuit. The plaintiff allegedly sold shares of Aleatica in the 2017 tender offer.
Banco Actinver is simply acting as trustee (as per instructions of an individual) and not on the bank’s behalf.
This would not be the first time that Mr. Paulo J. Diez Gargari, legal counsel to Infraiber, directly or indirectly, has taken legal actions against Aleatica, its controlling shareholder and/or its subsidiaries, and it is worth mentioning that thus far none of such legal actions has been successful.
The Company states that it is obliged to defend the value of its shares, for the benefit of all its shareholders. Therefore, the Company reiterates that not only will it vigorously defend itself before the competent courts, but it will initiate the necessary procedures to claim compensation for the damages caused by any claim filed against it, including the one referred to in this relevant event, emphasizing that at all times it has acted in accordance with law and with the required authorizations of the corresponding authorities.
In addition, as previously disclosed by the Company, the Federal Office of the Attorney, dependent of the Ministry of Finance and Public Credit, filed a criminal complaint against Mr. Diez (and others) for disclosing false information to the market regarding Aleatica. As a consequence, there is an ongoing criminal federal investigation.
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, Mexico State and the State of Puebla, that are home to 27.22% of the nation’s population and in 2015 generated 29.23% of GDP and accounted for 34.39% of the total number of vehicles in Mexico (12.02 million (Mexico City 4.7 million, State of Mexico 5.9 million, and Puebla 1.4 million)). 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 webpage www.aleatica.com
Back to Relevant Events