Owners of Sanitas notify international dispute to the State for forced intervention

On September 9, as established by EL TIEMPO, the Ministry of Commerce, Industry and Tourism (MinCIT) was officially notified by the Spanish companies Centauro Capital and Natanor XXI, owners of the Keralty Groupof the filing of an international dispute related to the forced intervention of the EPS Sanitas.

Centauro and Natanor own 61% and 39% of the shareholding of the Keralty Group, respectively, of which 17 companies are part, including EPS Sanitas.intervened on April 2 by order of the Superintendent of Health, Luis Carlos Lealwho stated that the position taken by the health promoting entity was adopted as a preventive measure to a “financial collapse” that would affect the rights of its 5.7 million userssince they considered that Sanitas did not comply with the qualifying financial requirements.

(You can read: How to make the Sisbén come out low? We tell you if it is possible or not).

According to a document from the National Legal Defense Agency of the Stateknown by EL TIEMPO, the Spanish companies that own Keralty stated in their dispute notice that there were “indirect expropriation and violation of the standard of TJE (Spanish Court of Justice) by intervening in the EPS Sanitas by the Health Superintendency, which hindered its management, maintenance, use and enjoyment of its investments through arbitrary or discriminatory measures”.

Both firms will have until December 8 to define whether they will formally sue the Colombian State, according to the regulations for this type of investment arbitration litigation. Although the interests of the lawsuit are not yet known, because the case is still in the pre-arbitration stage, EL TIEMPO managed to learn that the Agency, directed by César Palomino Cortésis already preparing to address the controversy with the competent institutional coordination.

The businessman who would have been affected by the intervention

Since 2016, the Spanish businessman Joseba Grajales Jiménez He chairs the board of directors of the Keralty Group, in which he has been involved since 1995. He is considered one of the richest people in Spain, with a fortune valued at 230 million dollars.

(You may be interested in: In four years, spending on voluntary health plans has increased 68%).

According to Keralty’s 2023 annual corporate governance report, Grajales is the absolute owner of the group, but Centauro Capital is wholly owned by Dudinka Taldea 99, which, in turn, is 100% owned by Grajales and Natanor XXI is also 100% owned by Centauro..

In addition, Grajales founded other companies, such as the Mexican cookie company Gamesa and the energy companies FNX and Guascor..

Political scenarios

He Former Attorney General Carlos Gustavo Arrietaan expert in orbital and international litigation, explained for the same medium that the notification of the intention to sue by the owner of Sanitas “It’s perfectly normal. It is a requirement that must be met in order to file the lawsuit, since one of the objectives is to see if the dispute can be resolved. And nothing may happen, but within two or three months the lawsuit may appear.”.

He also mentioned that the allegation about expropriation “It is the basis for 80% of the lawsuits filed against Colombia. Omissions contrary to law can be the source of this type of lawsuit. Jurisprudence has considered that expropriation attitudes can be understood and there have been other rulings on the matter against other countries.”.

(You can read: Constitutional Court will review protection of Sanitas shareholders against Supersalud).

EPS Sanitas.

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Hugo Bastidas, former member of the Council of Statestated that “Indirect expropriation and violation of the standards of the European Court of Justice are causes to propose international arbitration courts against the State. For this there is a pre-arbitration stage, regulated by the regulations of the respective treaty, which, generally, is a stage of consultations and direct settlement in which the government is notified. The stage lasts 6 months, extendable. Then comes the communication of the intention to sue the State, if the direct settlement fails.“.

Finally, the lawyer María de los Ángeles Mezan, master in responsibility and health consultant and teacherpointed out that “The International Court, within the framework of its powers, can observe the decisions made by the Colombian justice system in domestic law, in the jurisdiction of guardianship and contentious administrative justice, to decide on the protection of foreign investment in Colombia from the EPS. Sanitas“.

PORTFOLIO
*With information from EL TIEMPO – JUSTICIA