RIOgaleão franchisor, operator Galeo . Airportin Rio, was Request for an injunction against Anac (National Civil Aviation Agency) denied on Friday (11) by the Federal Court.
The case relates to the airport concession process, Ordered in February by the companywhich is controlled by Singapore-based Changi Corporation.
Wednesday (9), Ryugalu Has filed a lawsuit against the Federal Court for violating part of the amendment proposal approved by the Anac Board of Directors.
This amendment governs the obligations of the company with the airport until the arrival of a new operator, as well as specifying the basis of compensation to be paid, taking into account grants and investments made by the concessionaire.
The problem that emerges is an increasingly tight deadline without a consensus being reached. According to the plan, the franchisor has until Monday (14) to sign the amendment.
Without signature, the return request loses its effect, which may hinder re-bidding of the carioca station.
On Tuesday (8), the Anac Board of Directors approved the proposal to amend based on the grant payment schedule signed in 2014, the first year of the Galeão concession.
This was the point disputed by the company. From the franchisor’s perspective, the agency should consider an agreement that was signed later, in 2017. At the time, the operator was mandated to reschedule the installment schedule.
Practically speaking, by expecting a portion of reimbursement to the government at that time, the company was able to defer subsequent transfers, which would not be paid again until 2023. The measure generated temporary relief for the franchisor’s treasurers.
With a return to the original schedule, the fear for the company is to go out of business with the damages affected.
In the view of Anac’s board of directors, should the request of RIOgaleão be met, a gap could be created for other companies to request a renegotiation of the schedule, and later re-bidding. That view was taken into account in Friday’s court ruling.
Without signing the amendment and canceling the extradition order issued by Galeão, the concessionaire will pay about R$1 billion in grants in 2023.
The point is that the airport passed through Demand reduction process In the last years. In February, Riogaleo linked the request to return to the period of the economic crisis in Brazil, which was exacerbated by the Covid-19 pandemic.
The company, seen by the report on Friday, said it was “evaluating an internal assessment of the actions to be taken after the court’s decision.”
The injunction requested by the company was denied by the 13th Federal Civil Court of the SJDF (Judicial Division of the Federal District).
Ministry of Infrastructure plan to negotiate with Galeão with Santos Airport Dumontwhich is also located in Rio and is currently operated by Infraero.
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