Court Revokes Restriction on Ositrán's Powers over Chancay Terminal

The Second Constitutional Chamber of the Superior Court of Justice of Lima revoked the first-instance ruling that restricted the powers of the Supervisory Agency for Investment in Public Transport Infrastructure (Ositrán) regarding the Chancay Multipurpose Port Terminal and declared the amparo lawsuit filed by Cosco Shipping Ports Chancay Perú S. A. inadmissible.

With this decision, the Chamber concludes that the questioned actions correspond to the regular exercise of the powers attributed to Ositrán by law and that they do not constitute a certain and imminent threat to fundamental rights, an indispensable requirement for the admissibility of an amparo process.

Thus, the judicial decision revokes the ruling issued in January 2026, which ordered Ositrán to refrain from exercising its functions over the operations of the Chancay Multipurpose Port Terminal, and reaffirms the legal framework that supports the regulatory body's powers over public-use transport infrastructure.

In its resolution, the collegiate body specifies that the Chancay Port Terminal is a public-use transport infrastructure and that, regardless of its private ownership, the company operating it qualifies as a service provider. Consequently, it is subject to the functions of regulation, supervision, oversight, and sanction assigned to Ositrán by current legislation.

Likewise, the Chamber indicates that the communications, requirements, and other administrative actions issued by the regulator are part of the legitimate exercise of its legal attributions and that any controversy arising from administrative procedures must be resolved through the administrative and contentious-administrative channels provided by the legal system.

Ositrán expresses its respect for the decision of the Judiciary and reaffirms its commitment to continue exercising the functions conferred upon it by the Constitution and laws to protect user rights, promote transparency, strengthen legal certainty, and contribute to the proper functioning of public-use transport infrastructure for the benefit of the country.