In the 1st arbitration decision on Viracopos, the Court denies the concessionaire’s requests, but maintains an analysis of expropriations

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Aeroportos Brasil, which manages the airport, took to arbitration six requests for rebalancing the contract, which it understands to have been the main reasons for the crisis that forced the terminal to rebid. Viracopos breaks handling record in July 2022 with boarding and disembarking of 1,058,194 million passengers Airports Brazil Viracopos/Disclosure The International Court of Arbitration, formed to judge requests for rebalancing the concession contract of Viracopos Airport, in Campinas (SP) ), requested as part of the terminal’s re-bidding process, issued the first partial decisions since the process was opened. Aeroportos Brasil Viracopos, which manages the airport, took to arbitration, initiated after the end of the concessionaire’s judicial recovery process, six requests for contractual rebalancing, which it understands to have been the main reason for the financial crisis of the structure that forced the process of rebidding. Of the total number of requests, the court opted for the decision contrary to the concessionaire by extinguishing Viracopos’ request for non-receipt of storage fees from the Cargo Court from the arbitration process and determined that this should be agreed between the airport and the Federal Revenue Service. The request for rebalancing due to the non-implementation of the High Speed ​​Train was also denied. However, the concessionaire had a favorable decision on what it considers the most important subject of the arbitration, which are the discussions on expropriations, the concessionaire’s main complaint regarding financial problems. The National Civil Aviation Agency (Anac) claims that it did not rebalance the contract in relation to the areas of the airport that were not expropriated because this was conditional on a prior demonstration by the concessionaire that that space would actually be used and, in addition, an effective “financial loss” should be proved with non-expropriation. The thesis was denied by the arbitration court, which increases the possibility of Aeroportos Brasil receiving an amount for this imbalance in the contract. The court will still evaluate the requests in a final decision. In addition to these issues that had the first partial decision, there are still three other requests awaiting judgment: air cargo tariff rebalancing, rebalancing related to Covid-19 and a third on a fine imposed because the concessionaire did not deliver the works within the stipulated period. Rebidding The last judicial recovery plan for the airport was filed with the Justice on December 12, 2019. From that date until the approval date, in February 2020, Viracopos and the main creditors, including Anac and Banco Nacional de Economic and Social Development (BNDES), met to try to reach an agreement and defined that the proposal would be voted on in the assembly as long as Viracopos accepted the rebidding. After being accepted in an assembly, the Viracopos judicial recovery was closed by the Justice on December 10, 2020. From that, the re-bidding process began. In August 2021, Anac approved the re-bidding notice. The concessionaire had already signaled its intention to return the concession in July 2017, but it got stuck in Law 13,448/2017, which regulates the rebidding of airport, rail and road concessions in Brazil and only had the decree published in August 2019. The crisis de Viracopos The crisis in Viracopos worsened in mid-2017, when it expressed its interest in re-bidding, but, due to the non-regulation of the law, it bet on judicial recovery to solve the crisis. Aeroportos Brasil filed the request on May 7, 2018 at the 8th Civil Court of Campinas. Viracopos was also the first airport in Brazil to ask for recovery. The airport has always fought for rebalancing the concession contract by Anac. According to the concessionaire, the agency failed to comply with items that contributed to the structure’s loss of revenue. Among Viracopos requests are the replacement value of lost cargo – which enter the terminal and are stopped for some reason -, in addition to the expropriation of areas for the construction of real estate projects, one of the main reasons pointed out by the concessionaire for the financial crisis , and a disagreement on the price of the teak-teak tariff, which is the valuation of international cargo arriving at the airport and going to other terminals. Infraero holds 49% of the shares in Viracopos. The other 51% is divided between UTC Participações (48.12%), Triunfo Participações (48.12%) and Egis (3.76%), which form the concessionaire. Investments made by Infraero amount to R$777.3 million. Aerial view of Viracopos International Airport, in Campinas Ricardo Lima/Disclosure VIDEOS: learn all about Campinas and Region See more news from the region at G1 Campinas

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