Bases Law and the Consumer Protection Law

On July 9, 2024, and following its enactment through Decree 592/2024 and its publication in the Official Gazette, Law 27742 of Bases and Starting Points for the Freedom of the Argentine People, passed by the National Congress last June 27, came into force.

The Bases Law introduced significant modifications and new provisions in the processing of direct appeals provided in Law 19549 of Administrative Procedures, thus modifying the special regime established in the Consumer Protection Law 24240.

The Administrative Procedure Law establishes in its  new article 25 bis:

1. A period of 30 judicial working days to file a direct appeal against the administrative resolution imposing the sanctions, repealing the ten day period provided in the Consumer Protection Law.
2. That the administrative authority must submit the file to the competent judicial court within five days, repealing the longer ten day period provided in the Consumer Protection Law. It is now also established that the authority cannot reject the appeal's admissibility.
3. The possibility of submitting documentary evidence and offering all other types of evidence when filing the direct appeal, leaving it to the court to assess its admissibility in the specific case.
4. That the prior payment of the fine cannot be required as a formal condition for admitting the judicial appeal, thus repealing the obligation established in article 45 of the Consumer Protection Law.

These provisions apply exclusively to resolutions the enforcement authority issues at the federal level.