The National Treasury Attorney (PTN) appeared before the Supreme Court to request that it grant prompt clearance and promptly resolve the incidents of recusal linked to the Correo Argentino SA case that is pending, which would allow the bankruptcy process to be resumed after it was suspended by room B of the Chamber of Commerce, as reported by the PTN on Wednesday.
Through two briefs, which were presented on Tuesday in the highest court with the signature of attorney Carlos Zannini and deputy attorney Horacio Diez, The PTN asked the Court to “print as quickly as possible” to resolve the two recusal incidents promoted by the Macri Group, and also warned that due to the paralysis of the bankruptcy process “the National State finds itself in a situation of denial of Justice”.
The PTN appeared in the two recusal incidents processed in the highest court, both promoted by Socma Americana SA, one against the contest judge Marta Cirulli and the other against the attorney general of the Commercial Chamber, Gabriela Boquin, in which it is discussed whether the Superior Court of Justice of the CABA is, or not , competent to review decisions of the Chamber of Commerce.
In both writings, Zannini warned that “relevant circumstances linked” to both incidents of recusal “are institutionally serious”, due to “the unreasonable delay” of more than 20 years in the bankruptcy process of Correo Argentino SA as well as in the “decision of the Superior Court of Justice of the CABA to establish itself as a recursive instance reviewing the decisions of the Chamber of Commerce.”
On this last point, the PTN denounced that the claim of the Superior Court of Justice of Buenos Aires “compromises basic institutions of the Republic such as the division of powers”, since it arrogates, “in a praetorian manner, powers that constitutionally belong to the National Congress, the only power empowered to order the transfer of national justice to the orbit of the CABA.”
For this reason, the Treasury Attorney required the four members of the Court that the processing of the two incidents of challenge filed by Socma Americana SA “not have suspensive effects” with respect to the bankruptcy process, even “in the hypothetical case that (the highest court considers that the issue discussed in this incident is not yet in a position to be resolved.”
In its arguments, the PTN insisted that the ruling of May 4 of Chamber B of the Chamber of Commerce, which suspended the main process “under the pretext of the conflict it is processing” in the two incidents of recusal, “incurred in an excess of jurisdiction” and ruled contrary to law, since “current regulations, doctrine and jurisprudence are unanimous in that the objections should not suspend or interrupt in any way the processing of the proceedings”.
Finally, in the two briefs presented by the PTN before the Court, it was warned that the procedural strategy of Socma Americana SA, consisting of filing objections and requesting the intervention of the Superior Court of Justice of CABA, could be imitated by other litigants in other cases. contests and bankruptcies, which would paralyze these processes until the Court rules on the relevance of the intervention of the Buenos Aires TSJ.
