VIII-J-SS-59
FINE. APPLICABLE WHEN A COMPLAINT IS CAUSED BY A FAILURE TO ENFORCE A JUDGMENT. In accordance with article 58, section I, subparagraph a) form the Federal Law of Contentious Administrative Proceeding, with the finality of assuring the compliance with the decisions given by the Federal Court of Tax and Administrative Justice, the Regional Chambers, the Section or the Plenary that delivered the judgment can request, from the requested authority, to inform of the fulfillment of the judgment within the next three days, consequently when this time frame has elapsed they will have to decide if there was a unjustified failure to carry out the sentence, which, if that were the case the requested authority will be forced to pay a fine and sanction that will be between 300 and 1000 times the minimum wage salary that is currently enforced in the Federal District (Mexico City). In this sense, if the motive of the complaint, filed by the petitioning party, is resolved that the defending party unjustifiably failed to carry out the sentence, then the requested authority should be fined in accordance to the article aforementioned, since the intension of said fine is to prevent the evasion of the fulfillment of the decisions made by this Court, and with that, leaving the petitioning party in a defenseless state and in a legal insecurity.
(Jurisprudential thesis approved by agreement G/9/2018)
PRECEDENTS:
VII-P-SS-190 Instance of Complaint No. 29734/08-17-09-3/1366/09-PL-04-04-QC.- Solved by the Plenary of the Superior Chamber of the Federal Court of Administrative Justice, in session of February 26, 2014, by unanimity of 10 favorable votes. Reporting Judge: Rafael Anzures Uribe.- Secretary: Yazmín Alejandra González Arellanes. (Thesis approved in session of May 14, 2014) F.C.A.J.J. Seventh Era. Year IV. No. 37. August 2014. pg. 131 VII-P-SS-11 Compliance enforcement in the administrative contentious trial No. 3067/13-17-08-6/1663/13-PL-07-04-QC.- Solved by the Plenary of the Superior Chamber of the Federal Court of Administrative Justice, in session of September 28, 2016, by majority of 7 favorable votes and 2 negative votes. Reporting Judge: Magada Zulema Mosri Gutiérrez.- Secretary: Adolfo Ramírez Juárez. (Thesis approved in session of September 28, 2016) F.C.A.J.J. Eight Era. Year I. No. 3. October 2016. pg. 58 VIII-P-SS-182 Complaint Relative to the Administrative Proceeding No. 336/15-EAR-01-7/1542/15-PL-05-04-QC.- Solved by the Plenary of the Superior Chamber of the Federal Court of Administrative Justice, in session of January 24, 2018, by majority of 7 favorable votes and 3 negative votes. Reporting Judge: Guillermo Vallas Esponda.- Secretary: Arturo Garrido Sánchez. (Thesis approved in session of January 24, 2018) F.C.A.J.J. Eight Era. Year III. No. 19. February 2018. pg. 73 It was so resolved by the Plenary of the Superior Chamber of the Federal Court of Administrative Justice, in its session of April twenty five of the year two thousand and eighteen commanding its publication in the Journal of this Jurisdictional Body.- On basis of the expressed in the article 53 of teh Organic Law of the Federal Tribunal if the Administrative Justice, signed by Judge Victor Martín Orduña Muñoz, in substitution of the Judge Carlos Chaurand Arzarte, President of the Federal Court of Administrative Justice, and América Estefanía Sánchez, General Resolutions Secretary, who so attests.