Buenos Aires City Courts to Handle Consumer Claims

Among other things, Law No. 26,993 enacted in 2014 created the National Justice System in Consumer Relations (“Consumer Justice System”) with jurisdiction over consumer claims below 55 minimum wages (equivalent to 1,188,000 Argentine pesos). However, that Consumer Justice System was never operative. In 2017, the Federal Executive and the Buenos Aires City government agreed to transfer general jurisdiction over consumer relations claims (via the “Transfer Agreement”), provided the agreement was approved by applicable legislative bodies. The Transfer Agreement was approved by the Buenos Aires City Legislature via Resolution No. 24/2017, but federal congressional ratification is still pending (note that Bill No. 1-PE-2017 has lost parliamentary status).

Thus, it seems the main effects of the Transfer Agreement are still latent. In addition, it will not become effective until “the agencies that constitute the Consumer Justice System are established.”

Notwithstanding the foregoing, the City of Buenos Aires enacted Law No. 6286, that modified Organic Judiciary Law No. 7, providing that until the Consumer Justice System transfer is completed, Buenos Aires City Administrative and Tax courts will decide consumer claims. Hence, the Judicial Council will appoint 6 Buenos Aires City Administrative and Tax Trial Courts to that effect.

In exercise of this duty, the Buenos Aires City Judicial Council established which Administrative and Tax Court pairs will exercise trial level jurisdiction in consumer claims throughout 2021 on a semi-annual and alternating basis (Resolution No. 850/2020). Although not explicit in the letter of the resolution, it can be inferred that one assigned court will have jurisdiction over the cases filed in the first semester of the year and the other over those filed in the second semester, as follows:

• Cases filed between January 1, 2021 and June 30, 2021 will go to courts No. 5, 9, 12, 21, 23, and 24.

• Cases filed between July 1, 2021 and December 31, 2021 will go to courts No. 2, 10, 11, 14, 20, and 22.

Similarly, it established that before December 1 of each year, the heads of each court from the designated pairs must jointly notify the Office of the Judicial Council Presidency which of the two will exercise jurisdiction in consumer cases in the upcoming semester.

The rule does not expressly state whether the appointed Buenos Aires City Courts will continue to act as small claims courts, as originally established in the Consumer Justice System law or whether the scope will be expanded under the Transfer Agreement. The procedure to be followed in these cases was not stipulated either, meaning it has not been indicated whether such cases will follow ordinary proceedings or whether the expedited proceeding provided under Law No. 26,993 will apply.