Overview
- The Second Constitutional Chamber of the Lima Superior Court revoked a January ruling and declared Cosco Shipping’s constitutional amparo inadmissible, restoring Ositrán’s full powers to regulate, inspect and sanction the Chancay terminal.
- The court found the terminal qualifies as 'infrastructure of public use' and that the private operator is an 'entidad prestadora' subject to Ositrán under the law creating the regulator and the National Port System statute.
- Cosco Shipping said it will file a Recurso de Agravio Constitucional to take the case to the Tribunal Constitucional and argued the regulator changed its prior interpretation of competences, which the company says threatens legal stability for its roughly US$1.3 billion investment.
- Ositrán said it will resume information requests, may open sanction procedures if Cosco does not comply, and will commission an updated Indecopi competition study to decide whether tariffs at Chancay should be regulated or left to market forces.
- The court stressed that preliminary communications or administrative requests do not meet the 'certain and imminent' threat standard required for amparo relief, and it directed Cosco to exhaust administrative remedies before seeking other judicial relief.