Theses and Case Law/ Litigation / by , Daniel Majewski del Castillo, and Zusel Soto Vilchis, José Alejandro Krause Marún, Karla Mishelli Tapia Santos, and David Fernando Santos Mejía.
On #ThesisFriday | On September 12, 2025, the Semanario Judicial published 19 new rulings: 6 case law decisions and 13 isolated rulings.
We have selected the most relevant ones for you, which were issued by the Circuit Courts and the Regional Circuit Plenary Sessions:
Abstracts
Digital registration number: 2031240 / Thesis: I.20o.A.4 K (11a.)
Individual Opinion of the Circuit Courts
When determining the appropriateness of a permanent injunction against actions that affect the individual or collective rights of indigenous individuals, communities, or peoples, an intercultural precautionary approach must be applied.
When analyzing the grounds for a permanent injunction against actions that affect the rights of indigenous peoples and communities, judges must apply a non-integrationist, precautionary, intercultural approach that recognizes their specific characteristics and protects their identity, reconciling their rights with the public interest and cultural diversity.
Digital registration number: 2031241 / Thesis: I.20o.A.77 A (11a.)
Individual Opinion of the Circuit Courts
A provisional stay in an indirect amparo proceeding is not appropriate to allow the sale of medications when such sale was approved by constructive approval.
It is improper to grant a provisional stay in an indirect amparo proceeding to allow the sale of medications when the authorization is based solely on the authority’s deemed approval, since this deprives the public of the benefit granted by law that medicines on the market have passed the respective quality and health risk controls, and causes harm that the complainant would not otherwise suffer had such a product been withdrawn from the market.
Digital registration number: 2031243 / Thesis: PR.A.C.CS. J/34 C (11th)
Case Law of Regional Circuit Courts
In enforcement proceedings, an appeal is not admissible against a ruling that upholds the case and orders the compulsory enforcement of a mediation agreement (Applicable legislation for Mexico City).
No appeal may be filed against a ruling that declares enforcement proceedings admissible and orders the enforcement of a mediation agreement, in order to ensure the effective and expeditious fulfillment of the terms agreed upon; this is because no provision provides for the admissibility of an appeal against such a ruling, a policy justified by the fact that the ruling’s direct and immediate purpose is to ensure the prompt enforcement of the mediation agreement.
Digital registration number: 2031228 / Thesis: I.14o.C.4 C (11a.)
Individual Opinion of the Circuit Courts
The general rule set forth in the cited article, which determines jurisdiction over the provisional attachment of a vessel, shall apply whenever there is no express submission clause.
When there is an agreement in which the parties expressly submit to the jurisdiction of the courts of Mexico City and waive any other jurisdiction, that intention prevails over the general rule of jurisdiction. Therefore, even in the case of a preliminary attachment of a vessel, it is not sufficient to rely on the general rule; rather, the Commercial Code must be applied as a supplementary provision, as its articles establish that the extension of jurisdiction is valid if it was agreed upon. Consequently, the courts of Mexico City have jurisdiction to hear and decide on the requested preliminary injunction.
This publication was prepared by , Daniel Majewski del Castillo, Zusel Soto Vilchis, José Alejandro Krause Marún, Karla Mishelli Tapia Santos, and David Fernando Santos Mejía.
