Lawsuit Against Mega Port in Costa Rica Rejected

A legal action challenging the constitutionality of granting in concession of Moin Container Terminal argues that it should be approved by the Costa Rican Congress.

Friday, November 29, 2013

The Constitutional Court has dismissed the action against the General Law on Concession of Public Works and the contract for extending the design, construction and operation of the Moin Container Terminal (TCM by its initials in Spanish), presented by the Union of Workers at the Administrative Board for the Port and Economic Development of the Atlantic Coast (Sintrajap).

According to Sintrajap the granting of the TCM should be approved by the Legislature. However, the decision issued by the Board is to hold to the contract signed in 2012 between the state and APM Terminals for the construction and operation of the mega-port.

The Board "based its decision in the last paragraph of Section 14, Article 121 of the Constitution" which does not prohibit special concessions issued for a limited time or by another law," reported Nacion.com.

According to the CEO of APM Terminals, Rogelio Douglas, the resolution will allow construction to start on the mega-port in the first quarter of 2014 and operations will begin in 2016. He added that the obstacles that they have faced have led to an increase in the price of the work which initially was estimated at $1 billion.



More on this topic

Court Clears Way for New Mega Port

October 2014

A constitutional court has rejected appeals by port unionists and announced that the construction of the Container Terminal at Moin will begin in early 2015.

From a statement issued by APM Terminals:

San José, Costa Rica, October 9. The Supreme Court has ruled in favor of the Costa Rican Government and APM Termináis in an appeal filed by the port workers unión against the 33-year concession contract for the new Moin Container Terminal (TCM) in Limón on the Caribbean coast of Costa Rica.

Development is Hostage to Minority Interests

May 2014

In Costa Rica extreme environmentalism and the interests of the port unions are crippling a proposed $1 billion logistics development which is vital for the country

For the second time this year an appeal has been filed to obstruct the development of the port terminal by APM Terminals. Now it is the Constitutional Court that is hosting yet another appeal against the construction of the access road to the project.

Does Costa Rica Really Want a New Port?

April 2014

There are so many obstacles faced by the project being run by Dutch APM Terminals that it begs the question as to whether the Costa Rican government really wants it to happen.

Since it was awarded construction of the New Mega Port for specialized container ships in Moin, the Dutch company APM Terminals has faced dozens of lawsuits and other legal measures in the courts, which has maintained continuous doubts about the realization of the project.

Bureaucracy Halts $1 Billion in Investment

July 2013

The Costa Rican environmental authority has only 5 technicians to analyze the feasibility of billions of dollars worth of infrastructure projects.

Construction of the new container terminal at the Port of Moin can not begin because the environmental feasibility study has not been approved, because it has been delayed due to lack of staff in the Environmental Technical Secretariat (SETENA).

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