CHALLENGE.
Our client, a legally constituted and authorized company for the sale of gasoline and diesel to the public, faced an extraordinary verification by the Federal Consumer Protection Agency (PROFECO), through the General Directorate of Verification and Defense of Fuel Confidence. The procedure resulted in an unjustified economic sanction, after alleged irregularities in compliance with various official rules and provisions.
The authority argued the non-compliance with:
- The Federal Consumer Protection Law.
- The Quality Infrastructure Law.
- Las NOM-005-SCFI-2017 y NOM-185-SCFI-2017.
Among the allegations were cracks in discharge hoses and the lack of electronic records in the measuring instruments, which led to the immobilization of equipment.
OUR APPROACH.
Our firm thoroughly analyzed the problem and detected multiple legal defects in the actions of the authority. Consequently, we deployed a comprehensive legal defense in different stages:
- Immediate request for the lifting of the precautionary measure, achieving the demobilization of the instruments.
- Promotion of an appeal for review in administrative headquarters, which was unfortunately dismissed on January 5, 2024.
- Filing of a contentious administrative lawsuit before the Federal Court of Administrative Justice, where we argue:
- Lack of competence of the issuing authority.
- Expiration of the procedure.
- Illegality of the NOMs applied, for not having been issued in accordance with the law.
- Improper justification and motivation of the sanction; lack of framing of the sanctioned conduct.
OUTCOME.
Final favorable resolution in favor of our client.
The Federal Court of Administrative Justice resolved the matter in favor of our client, declaring the nullity of the resolutions issued by PROFECO. Therefore, the fine imposed was completely annulled, as the illegality of the official regulations used as a basis was recognized.
CONCLUSION.
This case reflects how a correct, well-founded and timely legal strategy can reverse disproportionate administrative decisions and protect the commercial and patrimonial interests of companies, especially in highly regulated sectors such as fuels.
At ST Stratego, we combine specialized legal experience in administrative and tax law with a deep understanding of the regulatory environment faced by our clients. Our participation in complex cases, such as the one presented here, demonstrates our ability to design comprehensive legal solutions and act accurately in the face of procedures that may affect the operation and financial stability of an organization.
Cases like this reaffirm our commitment to legal excellence, the strategic defense of our clients and effective compliance with the regulatory framework. The trust that companies in the energy sector place in us is the result of solid, technical work focused on generating real results.
If your company faces a similar situation or seeks to prevent regulatory risks, having specialized advice can make the difference between a contingency and a successful solution.
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