The Fifth Chamber Specialized in Administrative Litigation with Subspecialty in Market Issues of the Judicial Power determined that the LATAM airline was responsible for the cancellation, delay and rescheduling of 201 flights that departed from the city of Cusco during the years 2015, 2016 and 2017.
In this way, the fine of 98.5 UIT imposed by Indecopi in the first and second instance is ratified.
As resolved by the Judiciary, the competent institution to question the delay, rescheduling and cancellation of flights is the Indecopi Consumer Protection Commission, as it is in charge of safeguarding the recognition of the rights of users within the relationships of consumption; and not the General Directorate of Civil Aeronautics (DGAC) of the Ministry of Transport and Communications as indicated by the airline in court.
Likewise, the sentence indicates that Indecopi did not have the obligation to request from the DGAC information on the reasons why the flights were canceled or delayed, since it would be omitting the duty that LATAM has to present the necessary evidence in the event of an alleged breach of the service to consumers, as established by the Consumer Protection and Defense Code.
About the case:
Ultimately, the Indecopi Specialized Consumer Protection Chamber confirmed the decision of the institution’s Regional Office in Cusco, finding LATAM responsible for the cancellation, delay and rescheduling of 201 flights that departed from the Alejandro Velasco International Airport. Astete, during the years 2015, 2016, and 2017.
Given this, the airline filed a lawsuit before the Judiciary requesting the nullity of Indecopi’s decision; the same that was declared unfounded by the 26th Specialized Administrative Litigation Court of Lima with Subspecialty in Market Issues. Likewise, the Fifth Chamber Specialized in Contentious-Administrative Matters with a Subspecialty in Market Issues confirmed said decision.
Given this, LATAM filed an extraordinary appeal against said ruling, which was declared inadmissible by the Permanent Constitutional and Social Law Chamber of the Supreme Court, thus exhausting the various judicial instances.
Check the resolution in the following link: https://www.gob.pe/institucion/indecopi/informes-publicaciones/3565007-proceso-contencioso-administrativo-contra-lan-peru-sa.
