The Federal Court of Appeals of Comodoro Rivadavia ratified the precautionary measure imposed by the Federal Court of Río Grande that suspended the cuts to gas service due to non-payment in the province of Tierra del Fuego.
The Chamber chaired by Javier Leal de Ibarra resolved to reject “the complaint appeal filed by the legal representative of the National State, the Ministry of Economy and the Secretariat of Energyagainst the decree dated May 31, 2024 that grants with revolutive effects the appeal filed by him.”
In this way, the interim precautionary measure that orders the national government to instruct Camuzzi Gas del Sur SA to refrain from carrying out cuts or suspension of the supply of gas service due to non-payment of the billing issued from the tariff table ordered by the Resolutions SE N°41/24 and 122/24 of ENARGAS in relation to users and consumers of the public gas service through networks of the “Tierra del Fuego” tariff subzone.
“We warn that Resolution 41/2024 of the Ministry of Energy allowed gas prices in the Point of Entry to the Transportation System (PIST) were nominated in US dollars (USD) and transferred to end users for periods: April 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 contributed to the judicial case indicate that “Billing variations suffered an exponential increase, despite not verifying greater consumption”. 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 a essential service for an area of the country like Land of Fire 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 short period since the validity of this precautionary protection has been duly established and its end will occur in a short time, in “It has both been subject to the response to the reports of Article 4 of Law 26854, as well as procedural activity that the defendants themselves must carry out,” said the chambermaids on that point.
In this regard, the governor of Tierra del Fuego, Gustavo Melellahighlighted the resolution of the Federal Chamber of Comodoro Rivadavia to reject the complaint appeal presented by the national government against the interim precautionary measure that was ordered by the Federal Court in Río Grande.
“This measure had been ordered in response to the collective appeal that we presented on May 23 due to the excessive increase in the gas rate in our province,” the provincial president wrote on his social networks.
“The initiative that had the support of thousands of neighbors and various social, political, and union institutions, continues its course. Meanwhile, the company Camuzzi Gas del Sur must refrain from cutting or suspending gas service to Fuegian users due to non-payment“, he concluded.
