Since 2016 there has been a legal struggle between The General Directorate of Civil Aeronautics and the Media Airport System company, since the firm is indicated to commit constitutional violations by make use of advertising spaces inside La Aurora airport and without delivering economic benefits to the State.
To date The company owes to the state Q41.2 million And use electricity, internet and warehouse services without paying for them. In addition, it is estimated that during the 10 years that the airport has operated in this way He has stopped receiving around Q300 million.
The legal process has continued after April 8, the DGAC presented an amparo before the Amparos and Prejudices Chamber of the Supreme Court of Justice, for alleged violations in constitutional principles and rights by the company and the Second Chamber of Civil and Commercial Appeals.
Context
On December 29, 2007, the DGAC signed a ten -year contract with the Media Airport System company, which aimed at the use of advertising spaces.
In total, to the company 382 areas were granted of advertising space, which equals 1,771. 99 square meters.
Among the contract conditions, Airport System Airport System was granted exclusivitywhich means that only they were entitled areas such as mupis, fences, banners, signs, etc.
In June 2016, the DGAC ended in advance the contract for breach of the company (The contract ended in 2017), arguing that the average firm Airport System did not pay what owed the DGAC, which in that year amounted to Q37 million.
Immediately the firm took legal actions to reverse the situation, so in April 2019, Judge Federico Gerardo Maza González, of the Ninth Pluripersonal Court of the first instance of the civil branch benefited with precautionary measures to the company, which which They allowed him to continue using advertising spaces for his economic benefit and without delivering any payment to the airport.
Five years later, in October 2024, the same judge recognized the error and suspended the precautionary measures that They benefited the firm, which allowed to remove the advertising from the airport facilities.
However, in March 2025 the Second Civil and Commercial Chamber of the Court of Appeals favored half Airport System, granting you again the advertising spaces.
Therefore, last April 8, the DGAC climbed the case to the Chamber of Amparos and Prejudices of the Supreme Court of Justice, when requesting an amparo against the resolution of the Second Civil and Commercial Chamber in favor of the company. In the DGAC document He affirms that there were violations in constitutional principles and rights.
The reasons for the DGAC are the following:
- Violation of effective judicial protection
- Violation to due process
- Violation at the beginning of legality
- Violation of State Property Right
- Violation of the Special Regime of Nation Assets
- Violation of Special Protection of Airport Infrastructure
- Violation of constitutional supremacy
- Violation of substantive and adjective norms in civil matters
- Violation of the Tariff Regulation for Leasing In Airport Infrastructure
- Law fraud
The director of Civil Aeronautics, Azucena Zelaya, indicated that they are waiting for the final protection resolution or otherwise They could raise the case to the Constitutional Court.