The courts appointed by the Government are in charge of Enrique Lavié Pico, Cecilia Gilardi Madariaga de Negre and Pablo Cayssial. Official sources pointed out that there is a clear case of “forum shopping”. The statistics are compelling. In the middle of last year, the federal contentious administrative court number 6 had 119 sentences, of which 114 were favorable to importers. 100% of the files drawn in that court were continued by the plaintiffs. The same fate was observed in numbers 8 and 9, with 110 out of 113 rulings favorable to importers and 79 out of 79, respectively.
In contrast, the courts where balance is observed in the sentences show a greater desertion by the complainants. The percentages vary considerably, ranging between 2% and 11% of files continued by the plaintiff. For example, in court 5 there are 175 draws and only 11% of subsequent presentations. Of the 13 judgments of the court, 7 rejected the requested precautionary measure
As explained in the Government, the great attraction of this route is based on its low cost. “Unlike lengthy court proceedings that can drag on for years, import precautionary measures are resolved in a few months. The legal fees are paid against the result and once the result is obtained, the importer disregards the process, leaving it to be filed without resolving the substantive issue”, the sources state.
The number of currencies that escape through this route is significant. According to what the vice president said on Monday, “Between January 2021 and March 2022, more than US$1.8 billion were authorized by injunctions”. It is practically a third of the net reserve accumulation target committed to the International Monetary Fund for this year.
From the consultation site of the Judicial Power of the Nation, striking cases, such as that of the BARPLA SA company, which on December 22 held 12 consecutive draws until obtaining Court 8, where it finally filed its claim and obtained its injunction. To illustrate the insistence of the importers, it is enough to cite file 1246/2021, where the judge should have warned the firm Caffaro Hnos. SRL that the imports on which the precautionary measure was requested had already obtained an unfavorable sentence in another court.
As this media reported months ago, in February 2021, the Autonort firm requested an injunction to import a Porsche 911 Turbo and a Ferrari Testarrosa, which together amounted to $300,000. Subrogating, Cayssials granted it, arguing “extreme irreparable damage” for the importer if those vehicles did not enter the country.
Among the arguments used in the courts involved to justify the barrage of amparos appear “the affectation of private property, freedom of trade and the violation of international treaties.” In the ruling party, they assure that the maneuver not only threatens the reserves of the Central Bank, but also against the national industry and legal security.
Source: Ambito
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