1. Class/Group Actions
1.1 Do you have a specific procedure for handling a series or group of related claims? If so, please outline this.
On July 29, 2010 Article 17 of the Political Constitution of the United Mexican States (the “Mexican Constitution”) was amended by adding, among others, a third paragraph, which provides as follows:
“Article 17 … Congress shall issue the laws to govern class actions. Such laws shall determine the scope of matters for its application, the judicial procedures and the damage repair mechanisms. Federal judges shall know exclusively of these procedures and mechanisms…”
In virtue of such amendment to the Mexican Constitution, on August 30, 2011 amendments to several laws were published in the Federation’s Official Journal (which entered into effect as of March 1, 2012) in order to rule in regards to class actions. Specifically, the Federal Law on Economic Competition, the Federal Civil Code, the Federal Law for Consumer Protection, the Organic Law of the Judicial Branch of the Federation, the General Law for Ecological Balance and Environmental Protection, and the Law for the Protection and Defense of Users of Financial Services were amended in order to add specific provisions in regard to class actions. The most important amendment was the addition of a Fifth Book to the Federal Civil Procedural Code (“CFPC”) called “Of Class Actions” (arts. 578 to 625), which provides the specific procedures for handling a series or group of related claims and the types of actions regulated in Mexico.