The National Court of Appeals in Federal Civil and Commercial Matters confirmed this Wednesday the rejection to a request for authorization of the judicial fair to deal with an amparo filed against the Decree of Necessity and Urgency (DNU) with regard to the modifications introduced in the regulatory framework of the prepaid.
The judges of the fair room decided to “dismiss the appeal filed by the plaintiff and confirm the rejection of the request for authorization of the judicial fair formulated”, as appears from the resolution issued this afternoon. The resolution bears the signature of the judges of the Room A fair of the National Chamber of Federal Civil and Commercial Appeals Fernando Uriarte, Florencia Nallar and Alfredo Guzmán.
“In the present proceedings the appellant does not prove any compelling circumstance that poses a current or imminent risk to his medical coveragewhile his grievances only refer to hypothetical and conjectural situations lacking documentary support,” the judges maintained in the ruling and added: “Note that beyond his own statements, the appellant does not invoke a current circumstance of non-compliance in the payment of health fees that, in the hypothetical case that it became effective, it could represent a -also- conjectural situation of imminent lack of protection in the right to health.”
The decision was adopted within the framework of the file initiated by an amparo action presented by lawyer Eduardo Santiago Wilsonassociate of Swiss Medical S.A.., which fell to the Federal Civil and Commercial Court, led by Judge Juan Stinco.
The reaction of prepaid companies to Javier Milei’s DNU
As soon as the DNU came into force, the prepaid medicine companies began to unilaterally and in a coordinated manner notify their clients of the imposition of increases in their tariffs for the months of January and February.
The increases were imposed for similar amounts in the main companies, in a market in which in this case the existence of competition such as that encouraged by the Government of President Javier Milei was not verified, to the point that some managers of the sector said publicly that Some of your members may have no choice but to exit the system for not being able to cope with the increases.
In the appeal against Stinco’s refusal to enable the fair, Wilson had indicated that the urgency of his request is based on the fact that the members “In the event of default, they will be charged with the payment of interest, the suspension of discounts on medications and that the benefits will be limited to emergency medical care, with the immediate impact of pharmaceutical medical care and the interruption of their ongoing treatments.
Another complaint was referred to this collective process
On the other hand, A judge from Lomas de Zamora ruled that a case that had fallen to his courtalso due to the issue of the increase in prepaid payments, be sent to the collective process “Wilson” processed by Judge Stinco.
That presentation was made by a first instance judge in Administrative Litigation of the Avellaneda-Lanús district who appeared before the jfederal justice in Civil and Commercial matters of Lomas de Zamora to stop the effects of the DNU that has a direct impact on your pocket through the increase in the value of the prepaid, as appears from the presentation to which Télam accessed.
The petitioning magistrate was Maximiliano Alberto Ceballos who demanded that the unconstitutionality of DNU 70/2023 be declared “in relation to the deregulatory aspects of prepaid medicine companies and order the company Swiss Medical SA to update the tariffs of the subscribed, in accordance with the authorizations provided by the Ministry of Health”.
Source: Ambito
