CCN MEXICO REPORT

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Issue #
84
 – 
December 2010

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Amendments to State of Nuevo Leon’s Environmental Law

December 17, 2010

On November 5, 2010 an amendment to the Environmental Law of the State of Nuevo Leon was published in theOfficial Journal of the State of Nuevo Leon. The amendment comes as a result of the modification of almost 100articles of the State Environmental Protection Agency and State Department of Sustainable Development, in regard tochanges in rules governing wastewater discharges that are subject to self-regulation by the industry, as well as makingwastewater quality standards consistent with the Mexican Law of National Water and other Official Mexican Norms(Ley de Aguas Nacionales y Normas Oficiales Mexicanos). Another notable modification is the reduction of responsetimes from the authority regarding whether or not a party is required to submit an environmental impact statement in agiven situation. Once an interested party has submitted its documentation, the State of Nuevo Leon’s Department ofSustainable Development is required to respond within a term no greater than 20 working days stating whether thefiling of an environmental impact statement is required or not. Upon the end of this term, if the state does not respond,it will be understood that one will not be required to file an environmental impact statement (this applies for thosewho are not obligated by law to present such an environmental impact statement). Before this amendment, response times for the agency were longer, and the new reforms seek to speed up the process in cases in which parties are notalready obligated by law to present and environmental impact statement.

Recent Case Decision – Evidentiary Value of Invoices

December 17, 2010

Recently, Mexico’s Supreme Court of Justice (SCJN) published in the Judicial Weekly of the Federation casedecision I.5o.C.J/10 captioned “Invoices. Evidence of a commercial act, receipt of the merchandise by the purchaserand services that are the subject of a commercial transaction.” In such case decision, the SCJN held that the MexicanCommercial Code (Código de Comercio) does not contain any provision whatsoever regarding the evidentiary valueof invoices. Through experience in commercial customs and practices, this class of documents has been given theplace of serving as a basis for deeming that merchandise or merchandise involved in a commercial transaction,including when such has not been duly objected to, considering that the acquisition of merchandise ordinarily isaccompanied by invoices or receipts documenting such transaction, which are delivered to the acquiring party toprove receipt and, as the case may be, payment for the merchandise. The SCJN also concluded that the abovereasoning “is supported even more if one takes into account that in accordance with Mexican tax law, the invoicesmeet tax law requirements, and thus serve as evidence of the purchase and sale of the goods and services of acommercial transaction.”

Cancellation of a Registered Trademark
December 17, 2010
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Reforms to Mexican Federal Consumer Protection Law
December 17, 2010
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