Argentine Federal Court Orders 12 Spanish Fishing Companies and 7 Joint Ventures to Suspend Operations in Falklands Waters

On November 6, 2026, Judge Mariel Borruto of the Federal Court of Río Grande (Tierra del Fuego), Argentina, issued a judicial ruling granting a precautionary measure requested by the Agustina Lerena Foundation, covering 12 Spanish fishing companies and corporate groups, as well as 7 Spanish-islander joint ventures, prohibiting them from carrying out any fishing and associated operations. The case, docket number FCR 16446/2026, is a class action filed by the Agustina Lerena Foundation. The foundation is chaired by César Lerena, with constitutional law expert Eduardo Salvador Barcesat serving as its legal representative. The claim seeks environmental remediation and compensation for damage caused by fishing activities carried out in South Atlantic waters without Argentine authorization.

In its ruling, the court examined the constitutional framework supporting the precautionary measure. The ruling cites the First Transitional Provision of the Argentine National Constitution, which affirms Argentina's imprescriptible sovereignty over the Malvinas (Falkland) Islands, South Georgia and the South Sandwich Islands and their corresponding maritime and insular areas; it also combines provisions on environmental protection, the protection of natural resources and wealth, and remediation actions against predatory activities. The ruling further cites Article 1, paragraph 2 of the United Nations International Covenants on Human Rights regarding the fundamental right of all peoples to all their natural wealth and resources within their territories (which has constitutional status under Article 75, paragraph 22 of the Constitution), as well as Article 124 of the Constitution regarding the provinces' original ownership of their natural resources. The ruling also applies rules and precedents previously established by the National Supreme Court of Justice (CSJN) on actions involving multi-party or collective interests.

The foundation filed the class action seeking environmental remediation and compensation for damage allegedly caused by the disputed fishing activities. The claimed amount is calculated based on catch volumes recorded from 1989 to 2025 and totals USD 26.465 billion, an amount not yet finally determined by the courts. On November 2, the Federal Court had already affirmed its jurisdiction and the foundation's standing to bring environmental litigation, and ruled that the case would proceed under ordinary trial procedure. The November 6 ruling further establishes specific precautionary measures and sets information-sharing and document-retention obligations for the foreign companies.

The precautionary measures approved by the judge target the defendant foreign companies and order that, without Argentine authorization, they must not engage in the following activities: catching marine living resources, by any method; processing catches on board within the designated area; transshipment or landing; initiating new fishing voyages or seasons; and assembling vessels for such operations. The prohibition applies to acts carried out directly by the companies and to acts carried out by vessels they own, operate, charter or manage. The prohibition covers Argentina's territorial sea and Argentina's exclusive economic zone, including waters adjacent to the Malvinas (Falkland) Islands and the corresponding waters, up to the 200-nautical-mile limit. This avoidance obligation must continue until the companies obtain Argentine authorization or the court rules otherwise.

The 12 Spanish fishing companies and groups listed in the ruling are: Armadora Nores/Pesquerías Nores Marín, Armadora Pereira, Chymar/Grupo Touza, Copemar, Lafonia Sea Foods/Frigoríficos del Morrazo, Marfrío, Pescapuerta, Pesmar/Pesquerías Marinenses, Pesquera Moradiña, Pesquera Vaqueiro/Pesca Baqueiro, Rampesca/Grupo Lanzal and WOFCO. The ruling also covers 7 Spanish-islander joint commercial structures associated with operators such as Argos Group, Beauchene Fishing, Fortuna, Red Back Consultants, Seaview and Southern Cross, with corporate vehicles mentioned including Orion Fishing, Jupiter Fishing, South Atlantic Squid, Petrel Fishing, Beagle Fishing, Kalamar, Castelo Fishing, Polar Seafish and Golden Touza.

The ruling also sets judicial deadlines for the companies to report vessels, catch volumes and licenses.