VIII-J-SS-54
PATRIMONIAL RESPONSIBILITY OF THE STATE, INDEMNIFICATION, MECHANICS OF QUANTIFICATION.- In accordance with articles 11 and 13 of the Federal Law of the State’s Patrimonial Responsibility, the indemnification derived from an irregular administrative activity shall be paid to the claimant in accordance with the modalities established in such law and the following elements: a) It should be paid in Mexican currency; b) it may me agreed to be paid in kind; c) quantification of the indemnification shall be computed in accordance with the date in which the damage was effectively produced or the date in which it ceased when the damage was of a continuous character; d) In any case, the amount of the indemnification shall be adjusted for inflation to the time in which the resolution resolving and ordering payment of the indemnification must be comply; e) In case of delay in complying with the payment of the indemnification, adjusting for inflation shall apply in accordance with what is prescribed in the Federal Tax Code, and f) the federal public entities may cover the amount of the indemnification by means of installments in subsequent fiscal years, making a projection of the payments. Likewise, the amount of the indemnification for material damages shall be computed in accordance with the criteria established by the Expropriation Law, the Federal Tax Code, the General Law of National Properties and the rest of applicable regulations, taking in consideration the commercial or market value.
(Jurisprudence thesis approved by resolution G/5/2018)
PRECEDENTS: Administrative Proceedings No. 19856/13-17-10-7/747/14-PL-04-04.- Solved by the Plenary of the Superior Chamber of the Federal Court of Administrative Justice in its session of June 14, 2017, by unanimity of 10 favorable votes. – Reporting Judge: Rafael Anzures Uribe– Secretary: Lic. Elva Marcela Vivar Rodríguez (Thesis approved in session of August 9, 2017)
Federal Court of Administrative Justice Journal, Eighth Era Year II, N° 14. September 2017. p 98
VIII-P-SS-118
Administrative Proceedings No. 15275/13-17-01-8/1720/14-PL-08-04.- Solved by the Plenary of the Superior Chamber of the Federal Court of Administrative Justice in its session of August 16, 2017, by unanimity of 11 favorable votes. – Reporting Judge: Víctor Martín Orduña Muñoz – Secretary: Lic. Alin Paulina Gutiérrez Verdeja
(Thesis approved in session of August 16, 2017) Federal Court of Administrative Justice Journal, Eighth Era Year II, N° 14. September 2017. p 98
VIII-P-SS-163 Administrative Proceedings No. 22188/14-24-01-1/532/16-PL-08-04.- Resolved in the Plenary of the Superior Chamber of the Federal Court of Administrative Justice, in its session of November 22, 2017, by majority of 10 favorable votes and 1 against. – Reporting Judge: Víctor Martín Orduña Muñoz – Secretary: Lic. Alin Paulina Gutiérrez Verdeja
(Thesis approved in session of November 22, 2017) Federal Court of Administrative Justice Journal, Eighth Era Year II, N° 17. December 2017. p 143
It was so resolved by the Plenary of the Superior Chamber of the Federal Court of Administrative Justice, in its session of February twenty eight of year two thousand and eighteen, commanding its publication in the Journal of this Jurisdictional Body. – signed by Judge Carlos Chaurand Arzate, President of the Federal Tribunal of Administrative