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The Colombian government has 10 lawsuits against multinationals, which amount to 5,300 million dollars. The most recent, established by Naturgy (formerly Gas Natural Fenosa), was valued at nearly $ 1,600 million on June 15 before the United Nations Commission on International Trade Law
. request due to the liquidation carried out by the national government through the Superintendency of Public Services, on March 14, 2017, of his contract to Electricaribe. The regulator said at the time that the company could not cope with the demand that required the 2.5 million users in the Caribbean region.
Prior to the known lawsuit of Gas Natural Fenosa, government sources They told EL COLOMBIANO that the defense was being prepared and that, for the moment, the nation has a period of six months to respond to the complaint filed.
Similarly, company spokesmen told the press: in fact, it is a fact that has been announced, and despite the maintenance of demand, the solution to the prosecution should be mutually accepted. "
Francisco Reynés President of Naturgy, He expressed on June 27 this year that he was expecting a mutually agreed solution once the new president ushered in:" We will see to evaluate whether there is a way to solve it or not.I go where they call me, because I am aware that these things have to be solved "one to one ] "(One to one)."
The action of the Spanish company is incorporated as the largest in quantity The second most important, and which is still going on, was the one achieved in 2016 by América Móvil (owner of Claro), after alerting Colombia of the violations of the free trade agreement with Mexico; the figure for this trial was $ 1,020 million, or $ 273 million more than Colombia exported to Mexico last May ($ 747 million).
If the 10 actions against Colombia multinationals were resolved in favor of the plaintiffs, the country should pay about 15.3 billion pesos; as a proportion of the gross domestic product (GDP) of 2017 (912.5 billion pesos) is 1.6%.
Compared to the overall prosecution against the state, of 360 billion pesos, according to the State Legal Defense Agency, the representation of these disputes would be 4.1% (see the report).
This case prompted the Spanish Confederation of Business Organizations (Ceoe) to make sure last year that the country was questioning stability: "Our organization fears that the action current Colombian government may be illegal and become the first sign of such protectionism. " An important statement if one takes into account that Spain is the country that has invested the most in Colombia last year, 2,618.3 million, out of a total of 13,964 million.
However, for Julián Martínez ] partner of MartínezBáez Consultores, Colombia was a nation respectful of the foreign investments, "with this process it can not be said that the legal stability for the foreign companies is in cause. "
For the amount of money, Colombia is still far from being a nation characterized by this type of lawsuits, just see what happens in countries like Spain, where claims are estimated at about $ 38 billion.
"Colombia improves investor confidence in doing business and if these cases are well resolved, they make the judicial system more stable and give more confidence," he concluded Francisco Cubillos professor at the University of the Rosary.
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