Order not to disburse a loan of US $ 370 million to Avianca

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The Administrative Court of Cundinamarca ordered the suspension of the disbursement of the approved loan for the Avianca airline worth 370 million dollars after reviewing a lawsuit against President Iván Duque and the Ministry of Finance.

The providence said, as an emergency precautionary measure, the Minister of Finance and Public Credit will be ordered to carry out the administrative procedures necessary for the Emergency Mitigation Fund to refrain from making the disbursement of the approved credit to Avianca Holdings SA, for a value of 370 million euros. dollars.

The Court also denied as an emergency precautionary measure that the Minister of Finance publicly report the objective analysis that led to the approval of the loan in question.

The reason for this is that it does not have a direct relationship with the imminence of the loan disbursement. However, it will be the subject of the evidentiary debate that is carried out in the main notebook of this popular action process.

He also denied the request for a precautionary measure in which President Iván Duque, prior to any disbursement of the aforementioned loan, reports on any possible conflict of interest due to the circumstance that his sister, María Paula Duque Samper, works as Senior Vice President of Strategic Relations and Customer Experience of Avianca Holdings SA

The document says, this request will be denied because it does not have a direct relationship with the emergency precautionary measure aimed at suspending the disbursement of the $ 370 million loan approved by the FOME to Avianca Holdings SA However, this issue will be addressed in the framework of the media control of popular action.

Based on these determinations, the Court ordered to admit the lawsuit filed in exercise of the Means of Control for the Protection of Collective Rights and Interests by Jonatan Ruíz Tobón against President Duque, the Ministry of Finance and Public Credit and Avianca Holdings SA. It established that the defendants are granted a term of ten days to answer the claim and request the taking of evidence, counted from the day following the respective notification.