Context
The First Chamber of the Supreme Court of Justice of Mexico ruled that the obligation of mining concessionaires to deliver to the Ministry of Economy the minerals that are not expressly mentioned in their concession titles does not violate freedom of labor.
Relevant criterion
- The First Chamber specified that the measure corresponds to the new concession regime, in which the minerals must be expressly identified in the title.
- For previous concessions (mining lot regime), it was reiterated that exploitation may include all minerals within the lot, except those reserved to the State or expressly prohibited.
- As this is an isolated thesis, it does not constitute binding jurisprudence; however, it provides a precedent that could guide future judicial and administrative decisions.
Possible implications for companies
- This criterion suggests a greater emphasis by the authorities and courts on the strict interpretation of the concession titles granted under the new regime.
- For new concessions, it is foreseeable that the review of which minerals are expressly authorized will increase.
- In previous concessions, the broader interpretation is maintained, although it is not ruled out that this line of reasoning may influence litigation.
Recommendations
- Analyze the regime under which the company’s concession titles were granted.
- Verify if the titles expressly specify the minerals to be exploited.
- Consider this criterion in project planning and legal risk management, particularly when designing marketing contracts or operational planning.
At Vega Guerrero & Asociados we have a highly specialized team in regulatory matters.. In case of any questions regarding the scope of current concession titles or areas of opportunity in the compliance with the legal framework applicable to the mining sector, please contact us.
* This thesis was published on Friday, August 8, 2025 at 10:16 a.m. in the Semanario Judicial de la Federación. Digital record: 2030844. Eleventh Epoch. Thesis: 1a. XXXIV/2025 (11a.) Type: Aislada.
