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Codelco today presented appeals and cassation in the form of the sentence of the 25th Civil Court of Santiago, which dismissed the action for annulment of Public Law filed by the copper company against Report No. 900 of 2016 of the Comptroller General of the Republic (CGR).
The company focuses its arguments on the fact that the ruling did not rule on the central aspect of the lawsuit. It should be remembered that the state-owned company asked the courts to decide what regulatory framework governs it.
This, because the CGR has imposed some articles of the Public Procurement Law, which are not applicable by virtue of the laws that govern Codelco, and which, among other consequences, would oblige it to inform the contracts with related parties to the supervisory institution itself and to the Chamber of Deputies, Thus, it is less able to compete with other companies in the private mining industry.
The copper company has repeatedly explained that, after modifying Decree Law 1,350 of 1976 and approving the Corporate Governance Law, since March 2010 the rules of its own Organic Law, its statutes and, in matters not provided for in them, the Law Open Limited Companies and common legislation.
Besides, his Its own organic statute exempts Codelco from rules that govern other public companies, unless they expressly refer to the Corporation.
The company reiterated that it is necessary that “The regulatory framework that is its own is recognized and applied”, in order to avoid the legal and economic damages caused by the wrong interpretation of Report No. 900 and which gave rise to the Public Law lawsuit against said document.
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