-72204(75) On August 18, 2003, the Municipality of Lima lodged an appeal against the
judgment of June 30, 2003123 (supra para. 204(74). On June 9, 2005, the Sexta Sala
Civil (Sixth Civil Chamber) of the Corte Superior de Justicia de Lima (Supreme Court
of Justice of Lima) affirmed the appealed judgment. The court grounded its decision
on the fact that in the complaint to annul judgment “there is no indication of the
conduct, whether by act or omission, unilateral or collusive, by the parties to the
lawsuit, by third parties, by the judge or by court assistants which involve harmful
disregard of the proceeding, in whole or in part; in other words, there is no
description of the alleged fraud or collusion.”124
F)
REGARDING THE PREMISES OF THE UNION HEADQUARTERS
204(76) By means of Resolution No. 905 of October 16, 1980, the Municipality of
Lima transferred the use, temporarily and for no consideration, of the property
located at Jirón Lampa No. 170, to the SITRAMUN-LIMA and the FETRAMUN. It was
established that they were to return said property when the Consejo Provincial de
Lima (Provincial Council of Lima) so required to carry out works of public interest,
and that they would be relocated to any other municipal property. 125
204(77) A Direct Deal Memorandum or Collective Bargaining Agreement was signed
on December 13, 1988, whereby the Municipalidad Metropolitana de Lima
(Metropolitan Municipality of Lima) agreed, in Article 19, “to adopt the necessary
measures to have the SITRAMUN-LIMA headquarters, located at Jirón Lampa No.
170, ground floor and upper stories, […] transferred by gift.126
204(78) On November 26, 1996, Agreement-in-Council No. 129 was executed and
published on January 2, 1997, whereby it was established that all transfers of use of
property owned by the Municipalidad Metropolitana de Lima (Metropolitan
Municipality of Lima) were to be terminated.127
204(79) The Empresa Municipal Inmobiliaria de Lima S.A –EMILIMA-, responsible for
the management of Municipality-owned real estate, instituted eviction proceedings
against the SITRAMUN-Lima. By means of Judgment of March 19, 1998, the Corte
Superior de Justicia de Lima (Supreme Court of Justice of Lima) upheld the complaint
on the grounds that “even though the plaintiff undertook to adopt all necessary
measures to transfer the property by gift to the defendant union, pursuant to the
123
Cf. Appeal lodged by the Municipalidad de Lima (Municipality of Lima) on August 18, 2003 (file of
preliminary objections and merits, reparations and costs, Volume VIII, folio 2512).
124
Cf. Judgment rendered by the Sixth Civil Chamber of the Supreme Court of Justice of Lima on
June 9, 2005 (file of appendixes to the submission of comments by the common intervener submitted on
January 4, 2006, Appendix 3(23), folio 6934).
125
Cf. Lima Mayoral Resolution No. 905 of October 16, 1980 (submission by the Attorney General of
the Metropolitan Municipalidad de Lima (Municipality of Lima) on its behalf on August 12, 2005, appendix
5, folio 5348).
126
Cf. Memorandum of Agreement of December 13, 1988 (file of appendixes to the application,
appendix 37, folio 1816).
127
Cf. Judgment rendered by the Supreme Court of Justice of Lima on March 19, 1998 (submission
by the Attorney General of the Metropolitan Municipalidad de Lima (Municipality of Lima) on its behalf on
August 12, 2005, appendix 5, folio 5349).
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