08/15/2020 - 10:52
- Clarín.com
- Economy
- Economy
The Supreme Court of the Nation validated a judgment of the Buenos Aires justice that declared the nullity of an increase in the public service rate for the provision of drinking water and sewage and ordered that the amounts paid by users be imputed in future billings.
The decision was taken by a majority of three votes to two in the case brought by user associations against the provincial government and the company Aguas Bonaerenses SA (ABSA), the service provider, due to the inapplicability of decree 245/2012, which had approved the new tariff table.
The sentence ratified by rejection of the complaint appeal had been issued by the Buenos Aires Supreme Court -which revoked rulings that allowed the increase- to be applied, concluding that, as an information and participation mechanism for users had not been guaranteed , the laws were violated. local and national constitutions.
The proposal was presented by the Provincial State Prosecutor's Office and ABSA - a firm with a majority of state capital - who maintained that the votes that determined the solution of the Buenos Aires Supreme Court were based on dissimilar grounds and that they dispensed with the records of the administrative file from which it would arise compliance with the planned participation instances.
They referred in such a way to the "participation" of the Buenos Aires Water Control Agency (Ocaba), which had among its members a representative of the users and, furthermore, after decree 245/2012 was issued, the increases in newspapers of great circulation.
They also warned about the consequences that the return of a sum that they estimated at just over $ 1,600 million could bring about the provision of the service .
Coinciding with the ruling issued by the Attorney General's Office, the ministers Juan Carlos Maqueda, Ricardo Lorenzetti, and Horacio Rosatti, declared the complaint remedies "inadmissible."
In dissent, the president of the Court, Carlos Rosenkrantz, and the vice president, Elena Highton, said that the appealed ruling "does not conform to the principle that requires the judgments to be founded", and thus "does not constitute a reasoned derivation of the law. in force with application to the proven circumstances of the cause ".
The minority added that decree 245/12 that established an increase in the value of the cubic meter on which the public service rate for the provision of drinking water and sewage provided by ABSA in the province of Buenos Aires is calculated, it was issued when the holding of the public hearing was not considered as a prerequisite for the adjustment.
With information from the Télam agency
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