The Federal Chamber of Comodoro Rivadavia confirmed today an interim precautionary measure that suspended the increase in the gas rate for the province of Tierra del Fuego considering, among other arguments, that this service “It is primarily humanitarian in nature in pursuit of the protection of the population.” in an area like the south of the country. The court ratified a ruling by the federal judge of Rio Grande Mariel Borruto which suspended the effects of the increase in service until the underlying issue is analyzed.
This is a file initiated by the government of Tierra del Fuego, in charge of Gustavo Melella, against gas rate increases. In the first instance, the judge issued an interim precautionary measure that suspended him and asked the national government of Javier Milei to submit a report on the claim.
The ruling was appealed and today the judges of the Federal Chamber of Comodoro Rivadavia ruled, Javier Leal de Ibarra and Aldo Suárez, who ratified the decision. “We note that Resolution 41/2024 of the Ministry of Energy allowed gas prices at the Point of Entry to the Transportation System (PIST) to be nominated in United States dollars (USD) and transferred to end users for periods: from 1 to April 30; from May 1 to September 30, and from October 1 to December 31 of the current year,” the magistrates noted.
To this they added that the invoices that were provided to the judicial case indicate that “Variations in billing suffered an exponential increase, despite no greater consumption being verified”. On this point, the chambermaids added that this circumstance “could jeopardize the continuity of the service, which could be interrupted due to lack of payment, in the case of the supply of an essential service that has even been recognized as a human right and not simply merchandise.”
The Chamber considered gas as an essential service for an area of the country like Tierra del Fuego and that the suspension of the service occurs in an interim precautionary measure that is valid until the substance of the claim is resolved, so its validity is not permanent. Yes, it could be if the court considers unconstitutional the increase that is the request made by the provincial government in the judicial case.
“It is about guaranteeing the continuity of the supply of an essential public service, closely linked to the quality of life of the population.for a brief period since the validity of this precautionary protection has been duly established and its completion will occur in a short time, as it has been subject to the response to the reports of article 4 of law 26854, as a procedural activity that must be carried out by the own actions,” said the chambermaids on that point.
The court also highlighted that its decision “is primarily humanitarian in nature in pursuit of the protection of the population, and as such it seems reasonable; does not prevent the actions from continuing with the billing diagram and even less can we understand that the historical collectibility index of previous periods can be projected without modifications in the face of the significant increase in billing in all services and its consequent impact on the current expenses that a family type must face monthly. Even less, that this allows us to discard the precautions of origin of this type of measures.”
After the ruling, the case will continue its processing to resolve the underlying issues. One of the claims made by the national government and that is pending resolution is that the file is not processed in the federal justice of Tierra del Fuego but rather goes to the federal administrative litigation justice of the city of Buenos Aires where there is another case. against the increase in rates.
