Santo Domingo.- The Third Chamber of the Supreme Court of Justice in the Dominican Republic has rejected an appeal by the Bávaro International Airport (AIB), affirming a ruling that deemed the airport’s construction harmful to the collective interest and ordered its cessation. The decision, led by judges Manuel Alexis Read Ortiz, Manuel Herrera Carbuccia, and Anselmo Alejandro Bello, upholds the ruling of the Second Chamber of the Superior Administrative Court.
The Supreme Court found no faults in the TSA’s decision to reject a contentious appeal against the Civil Aviation Institute’s (IDAC) decision. This unanimous decision by the magistrates effectively legitimizes IDAC’s action, which prevents the AIB’s project development.
The sentence, issued on December 22, noted the absence of the interested party in presenting a defense or relevant documentation, despite being summoned multiple times. This absence was considered a fault on their part.
Miguel Valerio, representing the Corporación Aeroportuaria del Este, owner of the Punta Cana International Airport, stated that the Supreme Court’s decision aligns with previous criticisms of the project’s approval process and even disavows an Executive Branch decree approving the AIB project. The ruling, being final and unappealable, establishes the prohibition of the Bávaro International Airport’s construction.
The court’s decision delves into IDAC’s arguments for declaring the project harmful, highlighting procedural flaws and the need for a competitive bidding process for new airport constructions. It emphasizes the constitutional principles of transparency, publicity, and equality in awarding permits and concessions for infrastructure projects. This ruling marks a significant moment in the legal and administrative procedures governing infrastructure development in the Dominican Republic.