Marval O’Farrell Mairal represented Shell in the legal battle against the Secretariat of Commerce in which the Supreme Court finally ruled in favor of the company

The Supreme Court recently confirmed the nullity of Resolution SCI 25 of 2006, ratifying that the Secretariat of Commerce had no power to impose obligations on Shell under the Supply Law.

The ruling of the Court puts an end to a long conflict that began almost 20 years ago, when the Secretariat of Commerce—then in charge of Mr. Guillermo Moreno during the government of President Nestor Kirchner—started an illegal persecution against Shell oil company in the framework of which it intended to force it to supply minimum volumes of fuels.

That Resolution 25, which the Supreme Court annulled, was the rule used by the Secretariat of Commerce to impose the oil company over 80 fines for millions which, after a hard and epic legal battle before different Argentine federal courts, were finally revoked by the Courts.

The Supreme Court ratified in this decision that the powers invoked by the Secretary of Commerce were not in force and, therefore, made the principle of legality in protection of the right to trade and freely exercise any lawful industry prevail.

The Supreme Court's decision crowns the determination of Shell—presided at that time by Mr. Juan Jose Aranguren—to resort to the courts to request the annulment of the illegitimate acts issued by the Secretariat of Domestic Trade.

The legal battle was carried out by Marval O’Farrell Mairal through a team led by partners Hector Mairal, Santiago Soria, Lorena Schiariti, and Enrique Veramendi; together with associates Alejandra Cortiñas, Carolina Bin Astigarraga, and Gabriel Fortuna. Shell's Legal Department was composed of Fabian Braghieri and Jeronimo Maciel Bo, among other colleagues.

We share the Supreme Court's decision and celebrate the breath of fresh air the Court gives us.