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Invermar salmon farming centre. (Photo: Invermar)
Supreme Court rejects Invermar's appeal for aquaculture concession expansion
(CHILE, 11/28/2017)
The Supreme Court upheld the ruling of the Court of Appeals of Valparaíso, which rejected the protective action deduced by the company Invermar SA against the Undersecretariat of Fisheries and Aquaculture (SUBPESCA), for revoking the extensions of salmon farming concessions granted in 2009.
According to the newspaper Diario Constitucional, Invermar states that its right of property is violated, since with its action, SUBPESCA has deprived it of its legitimate right to farm the authorized species and their ownership over them, under circumstances that require an expropriation process.
In addition, the aquaculture company estimates that the right to develop an economic activity was violated, since it is deprived of the right to develop the economic activity of aquaculture that it has developed for eight years.
It also argues that equality before the law and non-arbitrary discrimination of the State and its agencies in economic matters was violated, as the authority only revoked the right in question to a small number of companies, affecting the equality in the aquaculture field, since the other companies of the sector have not been deprived of their rights and authorizations to exercise the activity.
In its ruling, the Supreme Court notes that Invermar SA and Skyring Salmon SA did not complete the procedure for modifying their respective aquaculture concessions "despite having been expressly instructed by the respondent in this regard, as well as in the precise manner in which they should proceed to do so, in accordance with the requirements reported by the Ministry of National Defense."
Therefore, the Supreme Court concluded that "the aforementioned ruling that has been challenged appears sufficiently founded" and conforms to the applicable regulations, "so it can not be qualified as arbitrary or illegal."
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Av. Presidente Kennedy 5682, Vitacura
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Santiago
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Chile
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