EXECUTIVE ORAL COMMERCIAL TRIAL. THE RULINGS ISSUED IN THE ENFORCEMENT STAGE ARE NOT SUBJECT TO APPEAL.

by GPD Law | Sep 25, 2025 | Alerts

The Regional Plenary in Administrative and Civil Matters of the Central-South Region, with residence in Mexico City, when resolving the contradiction of judicial criteria 36/2025, determined that the resolutions issued within the enforcement stage of the oral commercial executive trial are not subject to appeal.

The reasoning of the Regional Plenary Court is based on the premise that the enforcement stage of a ruling is part of the proceedings covered under the guarantee of effective judicial protection. This conclusion was reached through a systematic interpretation of the reference to the rules applicable to enforcement in executive commercial proceedings, as set forth in Articles 1390 Ter 2, 1390 Ter 3, and 1390 Ter 15 of the Commercial Code.

 

Additionally, the Regional Plenary Court added the considerations made in the case of Acevedo Buendía et al. (Dismissed and Retired Employees of the Office of the Comptroller) v. Peru, reiterated by the First Chamber of the Supreme Court of Justice of the Nation when ruling on Amparo in Review No. 144/2021.

The aforementioned Regional Plenary Court concluded that allowing appeals in the enforcement of judgments in commercial proceedings would create an incompatibility of norms or will constitute a contradiction with the rules governing oral commercial summary proceedings.

This judicial criteria was published on Friday, September 19, 2025 in the Federation’s Weekly Judicial Gazette under digital record 2031257.

 

For any questions or legal assistance regarding the non-appealability of the resolutions issued, please contact admin@gpdlaw.mx.

Alfonso González-Paullada
Guerrero

Business Law
Managing Partner

José Alberto
Domínguez Téllez

Dispute Resolution
Partner

Mauricio de Jesús
Soto Rodríguez

Dispute Resolution
Jr. Associate

Alfonso González-Paullada
Guerrero

Business Law
Managing Partner

José Alberto
Domínguez Téllez

Dispute Resolution
Partner

Mauricio de Jesús
Soto Rodríguez

Dispute Resolution
Jr. Associate

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