18 other type of liabilities different to those recorded.”60 The same clause established that “if any unregistered liabilities or contingencies, derived from facts prior to the contract closing date [November 29, 1994] should arise, these [would] be assumed by the [s]eller [,] insofar as they [were] effectively generated during its administration, together with any claims arising within two years of the closing date, except for tax contingencies […].”61 60. Clause VI, subparagraph 11 indicated that Annex “D” of said contract contained “the complete list of financial obligations and payments for retirement, pensions and other employee benefits […] [and that] there [were] no additional obligations toward workers other than those indicated.”62 Annex D, subparagraph 1 “retirement payments,” and 2 “pensions,” expressly stated that the Tintaya S.A. mining company did not have retirees or pensioners on the company accounts, but that a lawsuit had been filed against two officials.63 61. After the privatization process, ownership of the company was transferred on several occasions and its business name was changed. In 1996, the assets and liabilities of Magma Copper Corporation were taken over by the Minera BHP Tintaya S.A. - BHP Billinton. In 2001, BHP Billinton Tintaya S.A. was created as a result of a merger. BHP then acquired the Swiss mining company, Xstrata Copper, which was renamed Xstrata Tintaya S.A.64 Currently, the company is called Antapaccay, S.A.65 F. Second amparo proceeding 62. On February 17, 1993, the company issued Board of Directors Decision No. 023/93, suspending Decisions Nos. 155 and 029/90, which had established the company’s power to include workers in the pension scheme envisaged in Decree Law No. 20530. This new Decision by the company ordered the suspension of retirement pension payments to its former employees,66 among them Mr. Muelle Flores. The decision was communicated to him on May 17, 1993. 67 63. In response, Mr. Muelle Flores filed a second application for amparo, in an effort to block the application of Board of Directors Decision No. 023/93. He also requested the restoration of his right to continue receiving his pension in accordance with Decree Law No. 20530 and Law No. 25273, as well as an amount as compensation for the damage caused.68 60 Resolution No. 08 of the Second Civil Chamber of the Superior Court of Lima of October 10, 2013 (evidence file, folio 1726), and Affidavit rendered by César José Gonzáles Hunt on August 24, 2018 (evidence file, folio 1848). 61 Resolution No. 08 of the Second Civil Chamber of the Superior Court of Lima of October 10, 2013 (evidence file, folio 1726), and Affidavit rendered by César José Gonzáles Hunt on August 24, 2018 (evidence file, folio 1848). 62 Cf. Resolution No.08 of the Second Civil Chamber of the Superior Court of Lima of October 10, 2013 (evidence file, folio 1726), and Affidavit rendered by César José Gonzáles Hunt on August 24, 2018 (evidence file, folio 1848). 63 Numeral two stated that litigation existed with two officials, without identifying them or specifying the type of litigation. Cf. Resolution No. 08 of the Second Civil Chamber of the Superior Court of Lima of October 10, 2013 (evidence file, folios 1726 to 1727), and Affidavit rendered by César José Gonzáles Hunt on August 24, 2018 (evidence file, folios 1848 to 1849). 64 Cf. Notice of appearance of Xstrata Tintaya S.A. of April 13, 2009, presented before the Thirty-eighth Civil Court of Lima (evidence file, folio 63 to 64). 65 After privatization, ownership of Tintaya S.A. was transferred on several occasions and its business name was changed. Therefore, for the purposes of this Judgment, the Court will use the business name employed during its interventions in the domestic judicial proceedings. 66 Cf. Judgment of the Constitutional Court of October 10, 1999 (evidence file, folio 26). 67 Cf. Judgment of the Constitutional Court of December 10, 1999 (evidence file, folio 28). 68 Cf. Judgment of the Constitutional Court of December 10, 1999 (evidence file, folio 26).