The judge again prohibits Aena from executing the Duty Free guarantees

New judicial setback for Aena. The airport manager has just received another order from the Court of First Instance number 39 of Madrid, in which it has been decided maintain the precautionary measures adopted in favor of Duty Free last March unprecedented part, that is, without taking into account the opinion of the semi-public company. The main decision is to prevent Aena from executing the guarantees of its tenants and keeping its stores. The restoration firm brought Aena to justice to modify the leasing contracts in force due to the effects that the pandemic had had on passenger traffic at Spanish airports and, ultimately, on the income of its stores.

In a statement sent to the National Securities Market Commission (CNMV), the company chaired by Maurici Lucena explains that there is still time to draw definitive conclusions on the judicial position. “The decision in the first instance on the merits of the matter will probably be adopted by the Court of First Instance throughout the next year 2022”, Aena affirms before the stock market regulator. “The company will appeal to the Provincial Court of Madrid the judicial resolution today,” concludes the company.

Apart from this aspect, the rest of the precautionary measures that the Madrid Court agrees to maintain mainly include the precautionary suspension of the payment of the rent of the contracts of Duty Free, Duty Pay y Retail in what exceeds the agreement that the defendant and plaintiff signed. A bond of 27.47 million euros is also requested from Dufry to respond to the damages that his request may cause to Aena.

A boy with his luggage in T4 of the Adolfo Suárez airport, Madrid-Barajas during the first working day after the state of alarm, on May 10, 2021, in Madrid (Spain).  After the end of the second state of alarm, which took place yesterday Sunday, May 9, the Community of Madrid has eliminated the perimeter closure and the curfew, but maintains the limitations in basic health areas and delays closures: commercial to 23:00 and hospitality at 00:00 hours.  On the other hand, the Ministry of Health recommends that participation in groups of people for the development of any activity or event of a family, social or recreational nature, both on public roads and in public spaces, be limited to a maximum number of six people except in the case of cohabitants.  In Madrid, the mandatory use of a mask is also maintained.  MAY 10, 2021; TRAVEL; AIRPORT; END OF ALARM STATUS; PANDEMIC; CORONAVIRUS A. Pérez Meca / Europa Press 5/10/2021

Previously, the court of first instance number 39 of Madrid had already accepted the very precautionary requested by the Swiss company Dufry and its partner in the Canary Islands, Canariensis. In this first round, both companies had achieved what is ratified today: preventing the semi-public company from executing the guarantees provided for the rents by the stores at all airports.

Aena defends herself

Again, Aena explains that this order to maintain the precautionary measures does not prejudge the merits of the lawsuit filed. The company proposed to the plaintiffs in January 2021 -as well as to the rest of its tenants- an agreement that entailed a reduction of more than half (56%) of the guaranteed minimum rents (RMGA) in the contracts during the year 2020 .

This car favorable to Aena tenants joins others in the same sense that companies such as the Catalan company have achieved in recent months Areas and SSP, two large clients that contribute to the company approximately more than 150 euros a year in rents.

The president of Aena himself has come out on different occasions to defend his performance. In an interview last April, the top person in charge of the company who had received more favorable responses to his contract modification proposal than negative ones. However, he acknowledged that “there is a great difference between this important volume and what it means in billing for Aena”.

The conflict with the tenants has ruined all Aena’s forecasts. At the beginning of the year, the company’s goal was to earn 750 million euros both from leases to duty-free shops and to restaurants and car rental companies. But the first rejections of his proposal led the company to review these figures.

Source: LA INFORMACIÓN – Lo último by

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