Dispute over unwarranted fine imposed by Ministry of Production. Estudio Olaechea is representing Peruvian Andean Trout—an industrial aquaculture company—in a dispute concerning a fine imposed by the Peruvian Ministry of Production. The fine was applied because of our client’s allegedly illegal occupation of areas supposedly not granted in concession.
Challenge to nullifying sanction based on legal principles: Our firm has filed a lawsuit seeking to cancel the imposed sanction, arguing that it violates key principles of legality, typicity, and reasonableness that govern administrative procedures.
Successful ruling in trial court: We have secured a favourable judgement for our client in the trial court and are now awaiting the appeal.
Complexity arising from erroneous calculation of imposed fine: The complexity of this case lies also in demonstrating that the calculation used to determine the fine is incorrect. The calculation is intended for assessing the loss of marine hydrobiological resources, rather than for trout farming, which involves the client harvesting its own hydrobiological resources that have been “planted” in advance.
Crucial matter to challenge significant economic damage from fine: This lawsuit is of utmost importance for the client, as it seeks to challenge a substantial fine that has been wrongly applied, causing significant economic harm.
Latest development: Our firm’s work on the matter is ongoing.
