Order: Court dismissed damages claim by Inversiones Empresariales

On October 1, 2014, the Second Civil Court of First Instance of Guatemala dismissed the damages claim filed by Inversiones Empresariales, S.A. against Lisa, S.A. The court accepted only one of Lisa’s preliminary objections—prescription—finding that the plaintiff’s right to sue had expired under Article 1673 of the Civil Code, which imposes a one-year statute of limitations for damages claims. The other objections, including incompetence, defective pleading, and lack of standing, were denied.

The court ruled that the events underlying the alleged defamation campaign dated back more than a decade, including public statements, publications, and complaints presented to authorities as early as 2001. Since the lawsuit was filed in 2012, the legal deadline had long expired. As a result, the claim was dismissed, and Inversiones Empresariales was ordered to pay court costs.