The national government has been challenged by a court decision that allows the Municipality of Morón to charge the public lighting fee through the bills of Edenor customers. The precautionary measure in favor of the municipality of Morón contradicts a recent resolution from the National Electricity Regulatory Entity (ENRE) and the Secretariat of Commerce of the Nation, which prohibits companies from including such additional charges.
The judicial resolution was issued by Judge Martina Isabel Fonz, who is the head of the Civil and Commercial Court 2 of San Martín. The magistrate made this decision following a protection request presented by the mayor, Lucas Ghi, on behalf of the municipality of Morón.
In her arguments, Judge Fonz highlighted that the Constitution of the province of Buenos Aires allows municipalities to establish agreements with companies like Edenor for the collection of fees such as public lighting. According to the judge, these funds are intended to maintain essential services for the community, such as public lighting and the inspection of natural gas supply networks.
Resolution 267/2024 from the Secretariat of Commerce establishes that the bills from service provider companies must refer solely to the good or service contracted by the consumer, without including unrelated concepts. This measure aims to protect consumer rights, particularly their right to receive clear and truthful information about the products and services they acquire, as well as to protect their health, safety, and economic interests.
Judge Fonz requested the Secretariat of Commerce and ENRE to present a detailed report on the origin of the measure and to include the relevant documentary evidence. Despite the national resolution, the municipality of Morón has the green light to continue collecting the public lighting fee on Edenor bills, according to the ruling of the local justice.