Supreme Court rejects appeal, upholds decision against Bávaro airport terminal construction in the Dominican Republic

Bavaro.- The Abrisa Group and the Bávaro International Airport have had their appeal rejected by the Supreme Court of Justice against a resolution by the Superior Administrative Court opposing the construction of an airport terminal in Bávaro. The decision was made by the Third Chamber of the Supreme Court of Justice through judgment number SCJ-TS-23-0507, dated April 28, 2023, signed by judges Manuel Alexis Read Ortiz, Manuel R. Herrera Carbuccia, and Anselmo Alejandro Beautiful. The court ruling states that Magistrate Rafael Vásquez did not sign the decision due to his prior involvement in another stage of the process, as indicated in the act of inhibition on January 23, 2023.

Magistrate Moises A. Ferrer Landron issued a “dissenting vote,” expressing objections to the decision of the Third Chamber of the Supreme Court of Justice. The appeal aimed to overturn a ruling by the Superior Administrative Court that revoked the Ministry of Public Works’ resolution 007/2020, which ordered the construction of the Bávaro International Airport.

The Supreme Court had jurisdiction over an appeal against the verdict dated February 25, 2022, issued by the Fourth Settlement Chamber of the Superior Administrative Court. The court ruling states, “After a thorough examination of the contested judgment, it is evident that the court did not commit the alleged errors outlined in the appeal for cassation. Therefore, this Third Chamber of the Supreme Court of Justice, acting as a court of cassation, rejects the present appeal for cassation.”

The case originated from a resolution on January 23, 2020, by the Airport Commission, which approved and raised no objections to the development, construction, operation, and economic exploitation of the project. The Abrisa Group and the Bávaro International Airport would bear the sole responsibility and cost of the project. However, the Eastern Airport Corporation filed a request for reconsideration on March 5, 2020, leading to the revocation of the favorable measure for Bávaro Airport based on the same contractual terms and conditions applicable to other private airports operating in the country.