PERUVIAN ANDEAN TROUT S.A.C. 

Our client is an aquaculture company that was granted a concession by the Peruvian Ministry of Production to develop aquaculture activities through trout farming in Huancavelica, Peru. PATSAC is the first Peruvian company to receive the BAP-4-star Good Aquaculture Practices Certification.  In 2021, the Peruvian Ministry of Production sanctioned PATSAC with a fine amounting to 983,800 UIT for allegedly committing the infraction of «occupying areas not granted in concession».  Considering that the sanction was unduly imposed, violating, among others, the principles of legality, typicity and reasonableness that govern the administrative procedure, PATSAC entrusted us with the initiation of a judicial process through which it seeks the nullity of the sanction imposed. This process is of utmost importance for the client, since it seeks to challenge a large fine that has been erroneously applied and that generates a significant economic damage. 

Matter value – include currency and amount in figures :

We obtained a favorable ruling. Also, in first instance, the Court declared the claim was founded. S/ 4,329,516.74 approximately (983.800 UIT) 

Is this a cross-border matter? If yes, please indicate the jurisdictions involved :

No 

Lead partner :

Carlos Martínez 

Other team members :

Andrea Serrano 

Other firms advising on the matter and their role(s) :

None 

Date of completion or current status :

The Judiciary granted our client a precautionary measure, suspending the payment of the fine.  We obtained a favorable ruling.   Also, in first instance, the Court declared the claim was founded.