Articles 59, 104 and 105 of the Organic Law of the Judiciary of Mexico City contain the provisions that determine the competence of the jurisdictional bodies of such federal entity – Civil Courts of Written Process, Civil Courts of Oral Process and Small Claims Civil Courts – to hear civil and commercial matters. In this regard, in the ordinary session held on February 18, 2020, the Plenary of the Judiciary Council of Mexico City issued Agreement 40-09/2020, in which it is specified that as of January 26, 2020, jurisdiction by amount in commercial disputes shall be governed in accordance with the following:
- The Civil Courts of Written Process hear cases: (i) commercial executive lawsuits in which the principal amount demanded exceeds the amount of $4’000,000.00 (Four million pesos 00/100 M.N.), without considering interest and other accessories claimed as of the date of filing the lawsuit, and (ii) matters of concurrent jurisdiction that it is not possible to quantify economically at the time of filing the claim or subsequently, whose competence is not expressly assigned to the Civil Courts of Oral Proceedings.
- The judges of the Civil Court of Oral Proceedings hear cases: (i) commercial executive lawsuits whose amount claimed is less than $4’000,000.00 (Four million pesos 00/100 M.N.), and equal to or greater than $682,546.89 (Six hundred eighty-two thousand five hundred forty-six pesos 89/100 M.N.), without taking into account the accessories demanded as of the date of filing of the lawsuit, and (ii) concurrent jurisdiction matters that must be processed in oral commercial proceedings, without limit of amount.
- The Small Claims Civil Courts hear commercial executive lawsuits in which the principal amount sued is less than the sum of $682,546.89 (Six hundred eighty-two thousand five hundred forty-six pesos 89/100 M.N. ), referred to in Articles 1339 and 1340 of the Code of Commerce, which was updated in accordance with the Agreement of the Ministry of Economy published in the Official Gazette of the Federation dated December 30, 2019, and Agreement 36-47/2019 of the Judiciary Council of the Judiciary of Mexico City, without taking into account the accessories claimed as of the date of filing of the lawsuit.
In this way, the Judiciary Council of Mexico City clarified the jurisdiction of the courts in commercial matters, based on their amount.
