Priscila das Neves Crusco
Lawyer at Marcos Martins Advogados
On February 18, 2020, the Judicial Recovery Plan of the Concessionaire Aeroportos Brasil – Viracopos S/A[1] was approved, after a long period of conflict between the company and the National Civil Aviation Agency (ANAC). The reason was that both defended different methodologies for calculating the amounts to be paid in the Judicial Recovery Plan.
It seems that the Concessionaire was resisting giving up its lawsuits against ANAC, which amounted to R$6 billion. On the other hand, the Agency was not willing to foot a billion-dollar bill if there were any decisions in favor of the Viracopos Concessionaire (ABV).
Because of this clash, the parties decided to take the pending issues to an arbitration court, which culminated in an agreement between the parties and the consequent ratification of the Plan.
After ratification, creditors will begin to be paid with funds released from the reserve accounts. Anac’s credits will be paid with the compensation that the Concessionaire should receive from the new airport tender.
[1] Case No. 1019551-68.2018.8.26.0114, pending before the 8th Civil Court – Campinas Courthouse.
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