CAN Court of Justice rules in favor of Peru in the case of fuels in Bolivia

He Ministry of Foreign Trade and Tourism (Mincetur) reported that the Court of Justice of the Andean Community (TJCA) ruled in favor of Peru in the lawsuit filed against Bolivia, which had been charging a higher price to international land carriers of merchandise and passengers that circulated in Bolivian territory with a foreign license plate.

The difference in fuel prices affected the logistics costs of carriers, causing the loss of competitiveness of Peruvian foreign trade.

Following the publication of this ruling, the TJCA ordered Bolivia to adopt the necessary measures within a maximum period of 90 days to cease the conduct that has been declared contrary to the Andean community legal system.

This is the second case, in a period of one month, in which Peru has achieved a victory in the TJCA. A similar case was filed before Ecuador, with a positive result for the country.

“This ruling shows the commitment that Mincetur maintains to defend Peruvian foreign trade operators in different instances, in coordination with the sectors concerned,” said the head of the sector, Juan Carlos Mathews.

Likewise, he said he hoped that the governments of Bolivia and Ecuador abide by the order within the established period, with the objective that our carriers can compete on equal terms in those countries.

CAN in favor of Peru for fuel in Bolivia

The Peruvian claim, in defense of the national carriers, was based on the fact that the conduct adopted by Bolivia violates the principles of National Treatment, Non-Discrimination and Free Competition, which are provided for in Andean decisions 398, 837 and 608, as well as Article 4 of the TJCA Creation Treaty, which has been included in the TJCA ruling.

This ruling is final and binding for the member countries of the Andean Community. In this sense, Peru may request the TJCA to initiate a summary procedure in case of non-compliance. In August 2020, the General Secretariat of the Andean Community had already declared Bolivia in a situation of non-compliance with the community legal system.