2024-08-30 19:18:33
The Council of State resolved the appeal in which it overturns the judgment issued by the Administrative Court of Cauca in favor of Susana de Colombia Ltda., within the process of direct reparation for 18 billion pesos.
The entity accepted the arguments of the Supersociedades defense and issued a ruling in its favor.
The Council of State stated that: i) there is no evidence in the file to support the quantification of the amount referred to by the plaintiff, nor that the projection mentioned by him was affected by the management of the liquidator and, consequently, the causal link between the alleged loss of assets, referring to the decrease in the company’s sales, and the actions of the Supersociedades was not demonstrated; ii) based on the evidence, it is not possible to attribute the loss of the crop harvest to the actions of the Supersociedades, since a) in 2006, the year in which said management was extended, the crop did not suffer any depreciation in value compared to the previous year and b) the anomalies that the referred report exposes about the coffee plants have been present since their initial cultivation in 1999; and iii) considering that there is no evidence in the file showing that an attempt was made subsequently to carry out the subdivision project, it is concluded that the causal link between the patrimonial loss referred to what was not received with the urban development project and the actions of the Supersociedades was not proven.
The ruling represents a saving for the Colombian State of more than 18 billion pesos.
For his part, the Superintendent of Companies, Billy Escobar, stated that “from the Superintendency of Companies we will continue to ensure the protection of the assets of the Colombian State for the benefit of society.”