In front of which authorities will the Federal Electricity Commission settle the Liability for damages caused to individuals?

Published 24 January 2022

In June 2021, the Supreme Court resolved a contradiction of thesis, in which it determined that any harm caused  to an individual (material, personal and/or moral) arising from electric power transmission and distribution activities of CFE, must be claimed before the administrative authority and under the procedure established by the State Property Liability Act (Ley de Responsabilidad Patrimonial del Estado) and not through the civil procedures.

On the basis of the foregoing, we foresee three procedural consequences regarding the civil lawsuits in which the payment of damages and losses had been claimed were considered, which is why the CFE civil liability was previously understood to be:

1. In the trials in which, prior to June 2021, the tcivil procedure had been analysed and resolved as admissible, they would continue to be processed in such procedure, although in some cases a supervening exception may be attempted.

2. In the lawsuits in which previously to June 2021, it had been resolved that civil proceedings were not appropriate but rather the administrative proceedings kept the rights of the claimants to sue CFE in the administrative proceedings.

3. In the trials in which the issue of the applicability of the civil proceedings have to be resolved, the courts should address what is indicated by the Supreme Court.

However, the affected third parties will always have the right to exercise direct action in the civil/commercial proceedings against the insurers in order to claim compensation for damages (material, personal and fatal) trying to affect the Civil Liability coverage of the policies that have been issued in favour of the CFE and that have been originated from the activities of that insured.