Our client is a Peruvian company with more than 30 years dedicated to the cultivation, processing and commercialization of fruits and vegetables for the international market. IQF is the main exporter of asparagus in the country. For many years IQF has achieved top positions in Food Quality Certification IFS Food (International Featured Standard – Food), has also been recognized by the Global Food Safety Initiative (GFSI). These merits have made it the preferred choice in the markets of Japan, England, the United States, Spain, Taiwan and South Korea.
For the development of its economic activity, IQF needs to use water from wells located on its agricultural land in the department of Ica, Peru. Unfortunately, the National Water Authority has denied the granting of the water use license for the various wells, based on the unconstitutional and retroactive application of a regulation that came into force after the water use license applications were submitted (Resolución Jefatural N° 330-2011-ANA). Considering that the denial of the use of the water resource is a decision, in this case, unconstitutional and illegal, which generates a serious economic impact on IQF, putting at risk the subsistence of its operations and the continuity and development of the agricultural activity it develops, to date our firm represents the client in 21 legal proceedings, through which we seek to reverse the decision of the National Water Authority. In many of these processes, we already have favourable rulings that have recognized that the decision of the public entity is unconstitutional.
