Appeal Ruling: Appeals court upheld dismissal for Las Margaritas

On June 6, 2022, the Fifth Civil and Commercial Appeals Court partially upheld the appeal filed by Avícola Las Margaritas, S.A. against the January 21, 2022 trial judgment that had dismissed its damages claim against Lisa, S.A. The trial judge had rejected the claim on procedural grounds, stating that no damages could be sought until Lisa’s exclusion as shareholder was judicially confirmed. The appeals court rejected this procedural reasoning, finding that the right to claim damages does not depend on the exclusion being final, and thus overturned the objection regarding the "lack of procedural prerequisites."

However, the appeals court upheld the trial court’s decision to dismiss the damages lawsuit itself. It found that although Avícola Las Margaritas presented extensive documentation, it failed to prove actual harm, quantify damages, or link them directly to Lisa, S.A.'s conduct. The court emphasized that the mere existence of lawsuits or critical media coverage did not establish a legal basis for compensation. As a result, the rejection of the damages claim remains in force.