MINISTERY OF ECONOMY AND ARTWORKS AND PUBLIC SERVICES
Commend the above-mentioned Jurisdiction, the representation and defence of the National State in a trial.
Bs. As., 21/5/97
B.O: 26 / 5 / 97
VISTO Issue No. 080-001437/97, of the record of the MINISTERY OF ECONOMY AND ARTWS AND PUBLIC SERVICES, and
That by Decree No. 555 of February 2, 1972 the representation and defence of the NATIONAL STATE was entrusted to the PROCURATION of the NATIONAL THIRD in the Caratulates "COMPANIA AZUCARERA TUCUMANA S.A. c/ NATIONAL STATES/Indirect expropriation" those who processed before the NATIONAL JUZGADO OF FIRST INSTANCE IN THE CIVIL AND FEDERAL TRADE N° 1, SECRETARIAT N° 1.
That in them he received definitive pronouncement of the SUPREMA COURT of NATION JUSTICE, which was issued on 21 September 1989.
On the other hand, before the NATIONAL JUZGADO OF FIRST INSTANCE IN COMMERCIAL N° 2, SECRETARIAT No. 3 initiated the judicial proceedings "COMPANIA AZUCARERA TUCUMANA c/COMPANIA NACIONAL AZUCARERA" in which the "A" SALA of the EXCELENTISIMA CAMARA NACIONAL DE APELATIONS IN LO COMERCIAL decreed on 28 November 1985, which is firmly and consensual.
That in the aforementioned tribunal of the commercial jurisdiction lies the process "COMPANIA AZUCARERA TUCUMANA s/quiebra", acting as representative of the State in trial in these last two cases, the permanent legal service of the MINISTERIO DE ECONOMIA and ARTWORKS AND PUBLIC SERVICES.
That the head of the commercial court invited the federal judge in the expropriatory trial to decline his jurisdiction, on the basis shared by the latter, who decided to decline his jurisdiction.
That the PROCURATION OF THE NATIONAL THIRD stated that the decision-making body could be considered in accordance with the doctrine that our High Court has supported in this matter, so it would be appropriate to consent to that decision, which was shared by the STATE portfolio mentioned above.
It is therefore appropriate for the State representation in the expropriatory trial to be exercised in the future by the General Directorate of Legal Affairs of the MINISTERY of ECONOMY and ARTWORKS and PUBLIC SERVICES.
That the measure is carried out in exercise of the powers conferred by article 99, paragraph 1, of the NATIONAL CONSTITUTION and article 1 (c) of Act No. 17.516.
THE PRESIDENT OF THE ARGENTINA NATION
Article 1-Default of Decree No. 555 of 2 February 1972.
Art. 2°-Commend the MINISTERY OF ECONOMY AND ARTWORKS AND SERVICES PUBLICS the representation and defense of the National State in the Caratulates "COMPANIA AZUCARERA TUCUMANA S.A c/ESTADO NACIONAL s/expropriation", currently underway before the NATIONAL JUZGADO DE FIRST INSTANCIA IN LORCIAL N° 2, SECRETARIA No. 3.
Art. 3°-Contact, post, give to the National Directorate of the Official Register and archívese.-MENEM.-Roque B. Fernández.