Mexico: Bulletin - Unconstitutionality Of Fees For Public Lighting
Last Updated: 10 April 2001
Article by Luis C Carbajo

Co-written by Alejandro Enriquez-Mariscal

Your company is possibly paying charges on your company's energy bill that can be challenged. We are writing to advise of a possible action against these charges.

Depending on the state where your company is located, there might be a fee charged on your company's energy bill that is identified by the letters "DAP" (Derechos sobre Alumbrado Publico). This fee is to pay for public lighting. The amount of the fee varies from state to state. However, in each case where it is charged, the fee is a percentage of energy consumption, and can result in very considerable amounts. For example, in the State of Chihuahua, electricity users are charged a fee equal to 5% of their energy consumption.

It is strongly suggested to file an action challenging such charges, assuming that such rights are charged in your state. However, please note that a case-by-case analysis is necessary to determine if such action is in fact available for your company. If your company obtains a favorable resolution within the corresponding procedure, your company would be relieved from paying this fee for public lighting rights, which may represent a substantial savings for your company.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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