Monthly Newsletter Litigation | No. 9 | September 2024

CIVIL. A CIRCUIT COURT "CC" DETERMINED THAT THE SUPPLEMENTATION OF A DEFICIENT COMPLAINT IS APPLICABLE IN THE APPEAL WHEN IT INCLUDES THE DISCONNECTION OF ELECTRICAL SUPPLY AND THE UNCONSTITUTIONALITY OF ARTICLE 41 OF THE ELECTRIC INDUSTRY LAW, EVEN IF THE CASE IS DISMISSED ON THE GROUNDS THAT ONLY THE CORRESPONDING CONTRACT WAS APPLIED More Information...

The Second Circuit Court in Civil Matters of the Seventh Circuit, resolved the constitutional appeal 333/2023 and determined that: (i) when the disconnection of electrical supply is based on the commercial contract for the basic supply of low-voltage electricity in the postpaid modality, the application of Article 41 of the Electric Industry Law enters into effect, and (ii) that the supplementation of a deficient complaint by the Plaintiff, provided for in Section VI of Article 79 of the Amparo Law, is applicable in the appeal when such disconnection is challenged along with the unconstitutionality of Article 41