Politics Local February 15, 2025

Supreme Court Rejects Villa Gesell Lawsuit

The Supreme Court of Justice decided that municipalities cannot sue the National State for the elimination of FOFESO, revoking the ruling from Mar del Plata.


Supreme Court Rejects Villa Gesell Lawsuit

The Supreme Court of Justice has rejected a claim made by the Municipality of Villa Gesell, as well as other municipalities in Buenos Aires, regarding the distribution of funds from the Solidarity Federal Fund (FOFESO), which has been repealed. The court considered that the districts do not have the legitimacy to file lawsuits against the National State in this matter.

Initially, the Federal Chamber of Mar del Plata had allowed the case brought by Villa Gesell against the decree 756/2018 of former president Mauricio Macri, which repealed the FOFESO. This fund was created in 2009 and financed provincial and municipal works with resources from 30 percent of soybean export rights. However, the distribution of these resources was managed by the provinces that adhered to the regime.

The Supreme Court based its decision on an opinion from attorney Laura Monti, who concluded that municipalities lack a direct legal link with the Nation concerning the FOFESO and, therefore, do not have the authority to challenge its elimination. In addition to the situation of Villa Gesell, the court also rejected similar claims from the municipalities of Roque PĂ©rez and Merlo.