Order

On August 3, 2018, the Fourteenth Civil Court of First Instance ruled on a motion for reconsideration filed by Lisa, S.A., challenging the admission of a lawsuit brought by Escobio, S.A. through the ordinary civil procedure. The lawsuit sought a declaration that the obligation to pay dividends approved in shareholders’ meetings had prescribed.

The Court held that the claim arose from purely commercial acts and from a dispute between a company and its shareholder, making the ordinary civil procedure improper. Citing Article 1039 of the Commercial Code and the company’s articles of incorporation—which expressly mandate summary proceedings for shareholder disputes—the Court granted the motion, revoked the prior order, and rejected the lawsuit without prejudice, ordering the return of the attached documents.