El Jugado Federal 3 de Lomas de Zamora, a cargo del Juez Juan Pablo Auge, dictó una resolución a favor dar trámite a la acción de amparo colectivo presentada por los clubes Atlético Almirante Brown, Social y Deportivo Almafuerte, Atlético Defensores de Glew y la Unión Vecinal 9 de Julio de Longchamps.
También remitió al fallo de la Cámara Federal de Apelaciones de La Plata que otorgó la medida cautelar dejando sin efecto el aumento tarifario del servicio de energía eléctrica impuestos por las Resoluciones Nº 6/2016 y 7/2016 del Ministerio de Energía y Minería de la Nación, como asimismo de la Resolución Nro. 1/2016, Acta 1404 del 20/1/2016 del Ente Nacional de Regulación de la Electricidad (ENRE).
En efecto, el Juez Auge citó en su resolución la medida cuatelar otorgada por la Sala II de la Cámara Federal de Apelaciones de La Plata que resolvió en el expediente Nº FLP 1319/2016 la suspensión “por el término de 3 (tres) meses de las Resoluciones del Ministerio de Energía y Minería de la Nación 6/2016 y 7/2016 y la Resolución del ENRE 1/2016 para el ámbito geográfico de la Provincia de Buenos Aires” entendiendo que la medida “alcanza a todos los usuarios del servicio de energía eléctrica del territorio de la Provincia de Buenos Aires”..
De esta forma y ante las pruebas presentadas por las entidades de Almirante Brown, el Juez resolvió “dar trámite a la acción de amparo impetrada en los términos de los arts. 42 y 43 de la Constitución Nacional y art. 1º de la Ley 16.986, a cuyo fin requiérase al Poder Ejecutivo Nacional – Ministerio de Energía y Minería de la Nación, al Ente Nacional de Regulación de la Electricidad (ENRE) y a la Empresa Distribuidora Sur S.A. (EDESUR S.A.), el informe circunstanciado previsto en el art. 8º de la ley citada, el que deberá ser contestado dentro del plazo de cinco días”.
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