La Derecha Diario Justice Endorsed the Prohibition of Municipal Fees on Electricity and Gas Bills
Luis Caputo celebrated the decision through his social media. They will have 90 days to adopt the measure.
The Federal Court in Civil, Commercial, and Administrative Litigation of San Martín, under the leadership of Judge Oscar Alberto Papavero, rejected an injunction filed by the municipality of Tigre that sought to declare Resolution 267/2024 unconstitutional from the Secretariat of Industry and Commerce of the Ministry of Economy.
This resolution prevents the incorporation of municipal taxes in electricity and gas bills. This ruling represents support for the measure promoted by the Minister of Economy, Luis Caputo, and marks a victory for the national government after various judicial setbacks.
The claim of the municipality of Tigre
The municipality of Tigre had requested to maintain the collection of the Lighting Tax on the Edenor bill and the Special Contribution for the use of the natural gas network through Naturgy BAN S.A.
However, Resolution 267/2024 establishes that these charges can't be included in the bills issued by public service distributors, a measure questioned by several mayors of Buenos Aires.
Foundations of the judicial ruling
Judge Papavero concluded that the resolution is neither arbitrary nor illegal, as it was issued within the powers of the Secretariat of Industry and Commerce. Additionally, he considered that the municipality of Tigre did not demonstrate that the measure harmed its rights or disregarded its taxing authority.
Furthermore, the ruling highlighted that municipalities can implement alternative mechanisms for tax collection without affecting consumer rights. In this regard, it emphasizes the importance of respecting Consumer Protection Law 24,240, which establishes that public service bills must reflect only the costs related to the services contracted by the user.
Repercussions and official statements
The Minister of Economy, Luis Caputo, celebrated the decision through his social media, highlighting that "the Justice endorsed the National Government's measure that prohibits including municipal taxes in public service bills." He also emphasized that the ruling reaffirms the obligation of service providers to ensure transparency in service billing.
Meanwhile, the mayor of Tigre, Julio Zamora, argued in his presentation that the resolution undermines municipal autonomy and contradicts provincial regulations that govern the collection of municipal taxes. However, the ruling confirms that municipalities will have a 90-day period to establish new collection mechanisms without including these charges in electricity and gas bills.
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