On The Applicable Procedure For The N Of The Collective Or Diffuse S Interest Protection Of Consumers


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"Sole article.-amending Law No. 19.496, laying down rules on the protection of the rights of consumers, follows: 1. replace, in the first paragraph of article 51, the sentence"this procedure is subject to the rules of summary procedure, with the exception of articles 681, 684 and 685 of the code of Civil procedure and the particularities referred to in this Act."" , by 'this special procedure is subject to the following rules of procedure.'.

2. replace article 52 the following: "(Artículo 52.-El tribunal examinará la demanda, la declarará admisible y le dará tramitación, una vez que verifique la concurrencia de los siguientes elementos: a) that demand has been deduced by one of the eligible assets individualized in article 51."

(b) that the demand contains a clear statement of the facts and fundamentals of law that reasonably justified the affectation of the collective or diffuse interests of consumers, in the terms of article 50.

The resolution declaring admissible the demand will confer transfer to the defendant, so the answer within ten fatal days from its notification.

Against the resolution declaring admissible the demand will not proceed by an appeal, proceeding the appeal and the appeal in only devolutive effect, which must be filed within ten fatal days from notification of the demand. The appeal may be brought only with the character of subsidiary of the backfill request and in case this is not welcomed. The appeal interrupted the time to answer the demand.

Of the appeal will be granted transfer for three days fatal to plaintiff, after which the Court must resolve if it receives or rejects the replacement. Notified by the State daily the resolution rejecting the replacement, the defendant shall answer the demand within the period of ten fatal days.

The resolution granting the appeal in the only devolutive effect must be determined parts of the file which, in addition to the appealed resolution, be photocopied to send them to the High Court to resolve the appeal. The appellant, within the five days following the date of notification of this decision, shall be deposited at the Secretariat of the Court the sum that the Secretary deems necessary to cover the value of the photocopies. Secretary shall record this fact in the process, indicating the date and the amount of the deposit. If the appellant does not comply with this obligation, shall be you withdrawn the appeal, without any further formality.

With respect to the resolution which declares inadmissible the demand will proceed the appeal and, secondarily, on appeal in both effects, which are deducted in the period referred to in subsection third, counted from notification by the daily State of the respective resolution.

In the event that is declared inadmissible the class-action lawsuit, the respective action only can deduct is individually before the competent court, in accordance with stated in (c)) of the article 2 bis. The foregoing is without prejudice to the right of any legitimate asset of starting a new class action lawsuit, founded in new background.

Answered the demand or in default of the defendant, the judge will be mentioned to the parties to a conciliation hearing, into fifth day. This hearing parties must appear represented by agent with sufficient power and must submit concrete bases of settlement. The judge will act as amiable compositeur and will try to obtain a total or partial conciliation in the litigation. Opinions issued not disabled to continue getting to know the cause. The hearing will be held with the parties attending.

If interested ask for it, the audience will be suspended to facilitate the deliberation of the parties. If the Court considers it necessary to delay hearing for third day, shall be recorded this and to the new hearing the parties will be attended without new notice.

Total or partial conciliation a record which shall indicate only the specifications of the arrangement, which the judge, the parties wishing to do so and the Secretary want to subscribe will rise and will have the value of judgment rendered for all legal purposes, in particular to those laid down in article 54.

If conciliation is rejected or no hearing occurs, and if the Court considers that there are substantial, relevant and controversial facts, will receive the cause to test for a period of twenty days. Only the substantial facts controversial writings prior to the resolution ordering to receive it, you can set as test points. Otherwise, it will be mentioned to the parties to hear sentence.

In any case, if the respondent has requested in its reply that the demand is declared reckless for lacking plausible basis or have been inferred in bad faith, so apply to the plaintiff the penalties provided for in article 50 E, the judge must include this point as made substantial and controversial resolution which receives the test cause. "."

3 Introducense the following amendments to article 53: a. Reemplazanse first and second by the following sub-paragraphs: "in the same resolution that rejects case against the resolution which declared admissible replenishment demand and be ordered to answer or have to answered the demand, when such an appeal has not has filed, the judge will order the plaintiff to within tenth day, tell consumers that they may be considered affected by the conduct of the defendant supplier, through the publication of a notice in an environment of national circulation and on the Web site of the national consumer service, so they appear to be part or make reservation of their rights. The notice on the Web site of the national consumer service should be kept posted until the last day of the period referred to in the fourth subparagraph of this article.

The clerk of the Court shall fix the content of the notice, which shall contain at least the following indications: a) the Court of first instance which declared admissible the complaint;

(b) the date of the resolution which declared admissible the demand;

(c) the name, unique role tax or national certificate of identity, profession or occupation and address of the representative or of the eligible assets;

(d) the name or corporate name, unique role tax or national certificate of identity, profession, trade or swing, and address of the respondent company;

(e) a brief statement of the facts and specific requests submitted for consideration of the Court;

f) the call to those affected by the same facts to take part or to make reservation of their rights, expressing the results of the trial to empecerán also to those affected that not to take part in it, and g) information that the term to appear is twenty working days from the date of publication. "."

b. replace the fourth subparagraph by the following: "the time to make use of the rights conferred by subsection first of this article shall be twenty working days counted from the publication of the notice in the middle of national circulation, and the effect of the reservation of rights will be the unenforceability of the results of the trial.". "."