This was ordered by the Federal Judge of Rio Grande, Mariel Borruto, in a resolution that instructs the distributor Camuzzi Gas del Sur SA to refrain from “applying the new rate tables stipulated there to all users and consumers of the gas service.” . The measure will be in force for three months. At the same time, the order prohibiting cutting off the service to users who paid for bills that expired in May and June and in which the increase appealed for abusiveness was applied remains in force.
Río Grande.- Judge Mariel Borruto granted the appeal for protection presented by the provincial government and ordered to suspend for 90 days the application of the new tariff implemented by the distribution company.
The new tariff schedule in the network gas service that was put into effect last May, cannot continue to be applied, according to what was resolved by Federal Judge Mariel Ester Borruto, when granting room for an appeal for protection presented in that jurisdiction by the government of the Province on behalf of the injured users.
At the same time, the order prohibiting cutting off the service to users who paid for bills that expired in May and June and in which the increase appealed for abusiveness was applied remains in force.
The measure responds to the amparo action, presented by the Provincial Government together with residents of the “Tierra del Fuego” tariff subzone, against the National State and ENARGAS. It requested the declaration of “nullity, unconstitutionality and inapplicability of Resolutions No. 41/24 of the National Energy Secretariat and No. 122/24 of ENARGAS.”
The ruling signed by Borruto – and which was notified on that date to the parties – resolves to “MAKE PLACE under the terms of Law 26,854, the requested precautionary measure consisting of suspending the effects of resolution 41/2024 of the Ministry of Energy of the Nation -National State- and resolution 122/2024 issued by the National Gas Regulatory Entity (ENARGAS), and let the aforementioned entities know that they must refrain from applying the new tariff tables stipulated there to all users and consumers of the public gas service through networks of the Tierra del Fuego tariff subzone.
At the same time, it provides “to let the distribution company Camuzzi Gas del Sur SA know that it must refrain from requiring and/or pursuing the collection of any sum of money and/or proceed to cut off or suspend the supply of gas service due to non-payment.” of the billing issued from the application of the tariff tables ordered by resolutions No. 41/2024 and 122/2024 in relation to users and consumers of the public gas service through networks of the “Tierra del Fuego” tariff subzone.
On the other hand, Dr. Borruto rules against the protection requested by the Government, regarding “ordering the defendants to instruct the distributor CAMUZZI GAS DEL SUR SA to proceed with the return and/or compensation to the users and consumers of any eventual fare paid in excess by virtue of the questioned acts.”
Likewise, the distributor Camuzzi Gas del Sur SA was required to return or compensate users for “any excess tariff paid.”
In the ruling issued this Monday, Borruto suspends the application of the new tariff schedules to users and consumers of the “Tierra del Fuego” tariff subzone, but rejects the request for refund or compensation of the excess tariffs paid until a ruling is issued. definitive sentence.
Among the reasons, the Court considers that “the new rates do not comply with the principles of predictability, proportionality and gradualness established in laws 24,240 and 24,076.”
Furthermore, it is considered that the precautionary measure “does not substantially affect the public interest and is necessary to avoid irreparable damage to users.”
Finally, they justify “the urgency of the measure” due to possible “negative consequences for users during the winter.” The precautionary measure will be valid for three months.
