Suprema - Rol N° 2671-2013

The Supreme Court declared inadmissible the formal cassation appeal and rejected the substantive cassation appeal, upholding the lower court's decision that found a mining concession null due to overlapping prior concessions and procedural defects in the appeal.

• The Supreme Court reviewed appeals for formal and substantive cassation against a lower court's decision concerning a mining concession.
• The lawsuit originally sought the nullity of the 'Oriente 611' mining exploration concession.
• The plaintiff, Sociedad Química y Minera de Chile S.A., claimed the 'Oriente 611' concession granted to Sociedad Contractual Minera Copiapó was null.
• The primary ground for nullity alleged was the superimposition of 'Oriente 611' upon the plaintiff's prior concession, 'Llano 567'.
• This overlap was argued to violate Article 95, numeral 8, of the Mining Code, which allows for nullity when a concession covers land already included in a concession with an earlier pedimento.
• The plaintiff asserted current legitimate interest to bring the nullity action as ...