The Backus brewery would be spared from paying around S / 20 million for the groundwater it consumed between 2010 and 2015. This would occur after the Constitutional Court (TC) agreed with it in November in a lawsuit that the company filed against Sedapal. , as reported by the Sudaca portal.
In this way, the company owned by the Belgian transnational AB InBev was saved from paying S / 340,372.74 in debt for the groundwater it used in June 2012. However, the company used the same legal criteria to challenge the payments. for the water it used between 2010 and 2015.
The controversy revolves around whether this resource should be paid as a tribute or an economic reward. The brewery has benefited from the unconstitutionality of the first interpretation.
“To calculate the fee for groundwater, Sedapal relied on a supreme decree – which regulates a legislative decree – which led to the interpretation that the charge was a tribute. And according to previous rulings of the Constitutional Court (in favor of Gloria, the Jockey Club and the Constructors Real Estate Company), charging for the use of water as a tribute was unconstitutional, ”says Sudaca.
Since 2015, there is a legislative decree that regulates the use of the underground resource. Several cases prior to this year remain in dispute.
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