The Federal Chamber of La Plata made a Amparo action against them Prepaids YPF Social Work and Osde, declared the unconstitutionality of two articles of DNU 70/23 and ordered companies to limit Increases according to the CPI index.
“In an attempt to harmonize individual rights and social responsibilities at stake, it corresponds, in the present case, order the demanded prepaid that limits the increases to the percentage thrown by the Consumer Price Index (CPI) in a cumulative way with respect to the last quota value set by the application authority”Said the Court of Appeals.
The cause began from the amparo action filed by an affiliate against the prepaid YPF Social Work and Organization of Direct Entrepreneurs (OSDE) to declare the unconstitutionality of articles 267 and 269 of Decree 70/23.
The affiliate requested that the increases made in the quotas for the health services provided by the defendants be left without effect, and the refund of the unduly made charges is arranged.
The action was filed by arguing that “the non -application of resolution 2577/2022 of the Ministry of Health of the Nation, became an unjustified increase of 78% in the prepaid medicine quota.”
Through the contested decree, an essential service was deregulated exceeding arbitrarily and illegitimately the powers provided for in article 99 subsection 3 of the National Constitution, founded its presentation.
On July 29, 2024, the judge of first instance issued a sentence, and decided to reject the amparo action filed by the affiliate. Now the Chamber revoked the sentence.
In the ruling, the court argued that “The suppression of the powers assigned by law 26,682 to the application authority established by that, in no way can be exercised through a presidential decree.”
“The progress on the competence of Congress demands a serious and verifiable foundation. The need and urgency cannot be given to avoid the debate, or to overcome the opposition of legislative chambers or the need to hit effects, ”warned the chamber
The Court stressed that “the emergency situation of the health system does not arise sufficiently based on the questioned decree nor has been proven in the present case.”
“Consequently, It is up to the Ministry of Health of the Nation, Authority of Application designated by Law 26,682, in the terms prescribed there, authorize and review the values of the quotas proposed by the subjects included in article 1 of that standard, without effect being those increases set by those demanded from January 2024”
The ruling recalled that the Superintendence of Health Services urged to the Federal Justice of the City of Buenos Aires a demand by questioning the increases operated by prepaid medicine companies.
Within the framework of that cause, an agreement was reached between the national State and the demanded companies, which became the return of the sums collected above the CPI as of December 2023.
Finally, by virtue of the agreement reached in the Judicial Cause-Expedent CCF 9610/2024-, the Ministry of Industry and Commerce left the resolutions dictated without effect.
The cameramen Jorge Eduardo Di Lorenzo and César Álvarez imposed the expenses of the trial for the prepaid companies demanded.
Source: Ambito
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