Appeals court upholds airport vendors’ exclusive right to food & beverage sales.

By THE STAR STAFF

The Puerto Rico Court of Appeals recently upheld a significant legal victory for Puerto Rican companies Airport Shoppes Corp. and Airport Catering Services Corp., rejecting the arguments presented by Aerostar Airport Holdings LLC and confirming the dismissal with prejudice of the lawsuit filed by the operator of Luis Muñoz Marín International Airport in Carolina. 

Aerostar had initiated the action in an attempt to be allowed to establish lounges at the airport, in violation of Airport Shoppes’ rights to sell food and beverages there.

The appeals court ruled that the existing contractual agreements recognize the exclusive rights of Airport Shoppes and Airport Catering Services to sell food and beverages in the airport terminals, as originally established in the Concession Agreement and its subsequent amendments. 

The court concluded that the contractual modifications made over the years did not eliminate these exclusive rights and that the contract “speaks for itself,” therefore denying Aerostar’s request for a declaratory judgment.

“This decision reaffirms that contracts in Puerto Rico must be respected and that validly granted agreements cannot be unilaterally reinterpreted to advance particular commercial interests,” said José Algarín, president of Airport Shoppes and Airport Catering Services. “The courts were clear in confirming the validity of our contractual rights.”

“This decision reaffirms the importance of preserving legal certainty for local businesses operating at the airport,” he added.