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Mar 26, 2021

Ontier obtains injunctive relief for Duty Free in its dispute with AENA, which will stop payments amounting to 500 million Euros.

Ontier has gotten, under the direction of Cristina Camarero's Litigation and Arbitration partner, the 39th Court of First Instance of Madrid to order in audita parte injunctive relief for its client Duty Free (a marketer of services in Spanish airport areas) in record time against the public company AENA, which manages the airports of general interest in Spain.

The purpose of the resolution is to guarantee the judicial protection that may be granted in the main proceedings in which Ontier, on behalf of its client, will request a very substantial reduction in the rents of the lease contracts signed with AENA in the 26 Spanish airports.

These measures involve:

1.- Precautionary suspension of Duty Free's obligation to pay the rent of the lease contracts in all that exceeds an agreement that was reached by the parties in the month of December 2020 (this means a reduction of almost 500 million euros for the years 2020 and 2021).

2.- Precautionary prohibition for AENA to demand payment of invoices issued without considering the agreement and those that the company may issue in the future.

3.- Prohibition for AENA to request in judicial or extrajudicial proceedings, the execution of the guarantees given by Duty Free (the amount of which was 100 million euros).

4.- Prohibition for AENA to take legal action to promote the eviction of the leased premises and/or to claim the suspended and/or temporarily reduced rents.

5.- Prohibition for AENA to include Duty Free in the registers of defaulters due to non-payment of rents.

6.- Precautionary suspension of the accrual of late payment interest and penalties for non-payment of rent.

The newspaper El Confidencial has featured the information on this dispute and other related ones here.

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