Boletín 249

Attorney General's Office instituted class action against the Mayor of Fredonia (Antioquia) and the company Servicios SA Operators E.S.P.

Fuente: PGN
Fecha Publicación:


The Attorney General's Office through the Provincial Fredonia (Antioquia), instituted a class action against the mayor of this municipality and the company Servicios SA Operators ESP, entities represented by Mr. Hernan Dario Perez Lozano and Carlos Espinosa Mario Londono, by extension 16 days before completing the constitutional mandate of mayors signed the contract in order to operate, manage and perform the maintenance of water supply systems and sewerage of that municipality for a period of 15 years from October 27, 2012.

Consider the body control that by signing this extension violated the 4th article of Law 472 of 1998, and flagrantly, collective rights to administrative morality, to the defense of public property and free economic competition, according to Case C-350 and 535, 1997, C-702, C-866, 1999 C-0949 and 2001 of the Constitutional Court.

It also notes that by not given the opportunity to other operators to participate in this process is evidenced by the failure of the principle of advertising (Article 209 of the constitution) to avoid public invitation procedure (Article 6 of Act 142 of 1994 ), as was required to do so, to avoid what has repeatedly expressed the Constitutional Court against the ban on extensions of public services.

This class action was filed on March 5 before the administrative judges of the Circuit of Antioquia department, and ask also be ordered before the notification of the application, the immediate suspension of the contract which contains the new extension.

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