In a case brought by one of our customers, Aug. 19 the court granted an injunction requested not to innovate in the context of a declaratory action (“Valsecchi SA y otros c/ EN – Jefatura de Gabinete de Ministros s/ Proceso de Conocimiento») which questions the constitutionality of the annual fees required by the General Inspectorate of Justice. The fees in question are provided in the decrees 360/95 and 67/96 and the amount and scale of them were set by the administrative decisions No. 55/00 and 46/01.
The court based its ruling in the “Selcro s.A. c/ Jefatura Gabinete” case (Corte Suprema de Justicia de la Nación – Fallos 326:4251). On that occasion, the top court found that the fees charged by the General Inspectorate of Justice are unconstitutional because they have a fiscal nature and, therefore, can only be established or modified by law.
Based on case law cited, and the possibility that the General Inspectorate of Justice initiated the forcible collection of taxes in dispute, we obtained the suspension of payment until a final ruling resolving the issue.