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HomeLatest NewsThe Macri family's company causes Argentinean justice to paralyze the post office's...

The Macri family’s company causes Argentinean justice to paralyze the post office’s bankruptcy case.

On February 14, 2017, prosecutor Juan Pedro Zoni indicted Mauricio Macriformer President of Argentina Oscar Aguad,—former Minister of Communications—, for an agreement between the State and the Macri Group in respect of the debt of Correo Argentino.

This comes from afar, because on March 24, 1997, by Royal Decree of the then President of the country, Carlos Menem, ENCOTESA was liquidated, and the provision of postal services in the country was transferred to a concession Macri Society (SOCMA), owned by Franco Macri, father of former President Mauricio Macri. Argentina then became one of the first countries in the world to privatize the postal service. In 2001, the company owned by Makris filed for bankruptcy, leaving one business.millions in debt to the state. Two years later, Nestor Kirchner nationalized the company again, and the case led to an extensive legal war.

The provision of postal services in the country was concessioned to the Makri Society in March 1997.

After a record litigation spanning more than 20 years, the Correo Argentino case paralyzed again. This time it is due to the decision of two judges of the Chamber of Commerce, who accepted a new appeal from the company of the Macri family. This suspends the bankruptcy case handed down by Judge Marta Cirulli until the Supreme Court determines whether the Supreme Court of the City of Buenos Aires (TSJ), despite being part of the local judiciary, is the authorized body to hear it. affairs. All this could have influenced the decisions of the national justice system as a whole.

Makri’s calls

Among all the attempts to avoid declaring bankruptcy and paying off their million-dollar debt, Correo Argentino and his chief expert, Socma, offered all sorts of solutions, among which they speculated on the possibility of squeezing the Buenos Aires High Court (TSJ), where the first thing they brought was the challenge of the prosecutor to the Gabriela Chamber Bokin and Judge Cirulli.

Macrismo succeeded in gaining the “superpowers” of the Buenos Aires Legislative Assembly that could benefit him.

The TSJ gave him favorable signals as it decided to recognize his “competence”, but a dispute arose with Chamber B of the Chamber of Commerce, which rejected his intervention. Just in case, macrismo managed to get the Legislative Assembly of Buenos Aires to approve an ordinary law that would endow the court in question with superpowers. The debate about the faculties of the supreme authorities of Buenos Aires has been going on in the National Court since the middle of last year. On July 5, Judge Cirulli ruled that the company went bankrupt, which, as expected, filed an appeal. but he wants to continue dragging out the lawsuit as much as possible and not paying his creditors, including the state.

At the end of August last year, the temporary attorney Edward Casal opposed the company’s demands. “There is no legal basis for granting the power to review the verdict of the Supreme Court of the Autonomous City of Buenos Aires.” dictated by national justice,” he wrote. “To allow a recursive route before a local court against decisions dictated by judges who constitute customary national justice changes the structure of the country’s judiciary,” which can only happen through legislation voted by Congress, he elaborated. The leaders haven’t spoken yet. What Casal says is not binding on them and there is no sign that they share his opinion.

The debt exceeds 6,000 million Argentine pesos, about 49 million euros at current exchange rates.

At that timeroom B of the Chamber of Commerce and Industry received a lapidary opinion from prosecutor Bokin, which required confirmation of bankruptcy and condemned the endless maneuvers to empty the post office. Later, at a Socma meeting, she was warned that it would spread to other firms in the group. Thus, it would be a way to claim that there is no support for the payment of a debt that exceeds 6,000 million Argentine pesos, which is about 49 million euros at the current exchange rate. The Treasury prosecutor, led by Carlos Zannini, also requested an extension of the bankruptcy period, which would certainly put Socma in a position where it would be forced to take on historic obligations.

Error in the question

The ruling disclosing the definition of insolvency is signed by the judges. Matilda Ballerini D Maria Elsa Uzal. Ballerini stated in the ruling that “it cannot be overlooked that, if the TSJ’s position to establish the highest instance of this Court of Appeal is to flourish, the question concerning the dismissal of the Magistrate of First Instance, the Attorney of the Chamber, and even with a member of this court, may be considered in this jurisdiction, and ultimately the decision will be made in the reverse order of that which appears.” So far everything has been rejected. It goes on to say that if this were the case, then the possible projection of consequences with regard to the main issue to be discussed by the House, and the question of the post office, could not be avoided.

“The request to suspend all proceedings has no legal basis,” argues Judge Guadalupe Vazquez.

Judge Guadalupe Vasquez voted differently depending on the assessment of the evidence presented. “The request for a stay of all actions has no legal basis and is based on the filing of local complaints that were previously rejected by this Chamber, because they are not provided for in the legal system governing bankruptcy proceedings, which are considered in the National Commercial Justice. In addition, this requirement is contrary to one of the fundamental principles of universal insolvency proceedings, namely speed, as well as the procedural rules provided for by the Bankruptcy and Insolvency Law.”

The Buenos Aires ruling party sees the Buenos Aires TSJ as an allied court. In fact, he has three “own” judges: Agnes Rock Weinberg she was Mauricio Macri’s unsuccessful candidate for Attorney General; Santiago Otamendi he is former Deputy Minister of Justice Germán Garavano; D Vivian de Langeto whom the former president, in his time as head of the government of Buenos Aires, entrusted police training at the Higher Institute of Public Security of the city of Buenos Aires.



Source: www.publico.es

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