Supreme Court upholds nullity of transport fares
in the lawsuit filed by the Puerto Rico Chamber of Commerce
(San Juan, Puerto Rico – August 15, 2021)– The Supreme Court of Puerto Rico denied Certiorari’s petition filed by the Transportation Negotiator in a lawsuit filed by the Puerto Rico Chamber of Commerce of Puerto Rico (PRCC), in which the Circular Letter that had increases in the hauling of materials in Puerto Rico was declared null and void, reported the Lcdo. Luis Gierbolini, president of the Camaristas, through a press release.
“We are extremely pleased with the Supreme Court’s decision to reject the Transportation Negotiator’s motion, which has the effect of upholding the Court of Appeal’s determination declaring ultra vires the Negotiated’s decision to unilaterally approve a fare hike. We have prevailed in all instances, defending the consumer and as a guild representing the Puerto Rican business sector,” gierbolini said.
In conjunction with the denial of Certiorari’s petition, a “No Place” was also given to the Broad Front of Truckers’ request to intervene and to the request to join as friends of the court (Amicus Curiae) of the Association of Traders in Building Materials. The request was attended by the Special Summer Chamber composed of the Presiding Judge, Oronoz Rodríguez, the Associate Judge Mr. Martínez Torres, the Associate Judge Mrs. Pabón Charneco, the Associate Judge Rivera García and Estrella Martínez. The latter indicates the Resolution dated August 9, 2021, would issue and declare “With Place” the amicus Curiae request.
“We have been conducting an assessment with our legal team to continue to defend what has been a flawed process, without any economic impact study and without properly listening to the affected parties in this regulatory process. We are convinced that a regulatory body must act impartially and not under pressure from a sector that through force seeks to destabilize trade in Puerto Rico, “said the President of the PRCC.
Last July, while waiting for this decision by the Supreme Court, a strike was called by the Broad Front of Teamsters, which stopped for two days the work of moving land cargo on the island. The government decided to end the conflict to submit a regulation to the State Department. For its part, the Fiscal Oversight Board (JSF) has expressed that the proposed regulation has to comply with the fiscal plan, present an appropriate increase and exclude private contracts.
“The Puerto Rico Chamber of Commerce will remain active and vigilant that the regulatory processes that affect the hauling of terrestrial materials in Puerto Rico are carried out correctly, respecting the fundamental principles of free enterprise and especially of the consumer,” the Lcdo concluded. Luis Gierbolini.
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