Giuliani, Celia v. Dincros S.A.

C. 221. XLVI. COM
Download Judgment: Spanish
Country: Argentina
Region: Americas
Year: 2010
Court: Supreme Court of Justice [Corte Suprema de Justicia de la Nación Argentina]
Health Topics: Aging, Health care and health services, Health systems and financing
Human Rights: Right to health, Right to life, Right to social security
Tags: Access to health care, Aged persons, Health funding, Health insurance, Social security

The plaintiff, an elder woman, filed a guarantee of protection of individual constitutional rights (amparo protection) against Dincros S.A for the cessation of the health coverage that left her with no medical coverage because no other health insurance wanted to provide medical services to her and to order the incorporation to another health insurance company such as Galeno S.A.

The plaintiff brought the case to the local jurisdiction, the First Instance Commercial Court [Juzgado Nacional de Primera Instancia en lo Comercial N° 10] because she understood that as Dincros S.A was a company that was related to Terapia S.A.C, a bankrupt company that was in the first place the one providing the health insurance services to the plaintiff, then the case should be decided by the ancillary jurisdiction, before the bankruptcy judge.

The First Instance Commercial Court dismissed the claim because it founded that it was incompetent to solve a case involving health insurances companies, a subject that is regulated by Federal Law. The plaintiff appealed before the Commercial Court of Appeal [Cámara Nacional de Apelaciones en lo Comercial] which confirmed the a quo judgement and send the case to the Federal Jurisdiction because the amparo protection was against an health insurance that is regulated by Federal Law (Law 23 660, 23 661 and 24 754). The Federal First Instance Civil and Commercial Court [Juzgado Nacional de Primera Instancia en lo Civil y Comercial Federal N° 8] opposed the bringing of the suit. The case was brought to the Supreme Court of Justice to decide competence.

The Supreme Court of Justice found that the competent court was the Federal jurisdiction because the norms that had to be interpreted and applied where of federal character. There was no reason for the case to be decided in the ancillary jurisdiction, the local jurisdiction, given the norms involved in the solving of the case.

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