«HSBC BANK ARGENTINA SA c/ GCBA», Cámara de Apelaciones Contencioso, Administrativo y Tributario, 20/08/2015
La Cámara de Apelaciones Contencioso, Administrativo y Tributario de la C.A.B.A. desestimó el recurso deducido por HSBC BANK ARGENTINA SA contra la disposición de la Dirección General de Defensa y Protección al Consumidor (DGDyPC) y, en consecuencia, confirmó el acto recurrido mediante el cual se declararon abusivas, por infracción al art. 37 de la ley 24.240, varias cláusulas de los contratos y reglamentos bajo análisis y se emplazó al banco para que en 30 días hábiles acredite la modificación o supresión de las cláusulas indicadas.
SUMARIO.- Este Tribunal ya se ha expedido sobre que no existe impedimento legal alguno para que tanto la Secretaría de Comercio de la Nación como la Dirección General de Defensa y Protección al Consumidor de la Ciudad Autónoma de Buenos Aires sean competentes para resolver cuestiones vinculadas a las relaciones de consumo –cláusulas abusivas de contratos bancarios- y que se manifiestan en el ámbito de la Ciudad (conf. mi voto «in re» “Banca Nazionale del Laboro S.A. contra GCBA sobre Otras Causas” , EXPTE: RDC 2181/ 0).
Es que tal como lo ha sostenido la Sala I de este Fuero “en el ordenamiento no existe principio o regla que impida atribuir competencias concurrentes o incluso superpuestas a más de un órgano. Ello, claro, está, sin perjuicio de la aplicación del principio del «non bis in idem» que impide no sólo sancionar dos veces por un mismo hecho sino también evitar el doble juzgamiento” (Cfr. Sala I, en autos “Metrovías S.A. c/ Ente Único Regulador de Servicios Públicos de la Ciudad de Buenos Aires s/ otros rec. Judiciales contra res. Pers. Públicas no Est.”, RDC 3035/0, sentencia del 11 de diciembre de 2013).
Finalmente, el hecho de que la empresa sancionada establezca condiciones uniformes a nivel nacional no puede ser óbice para que la autoridad local cumpla con sus objetivos y finalidad – velar por los derechos de los usuarios- en el ámbito territorial de su competencia, sin perjuicio de las funciones de las restantes autoridades de aplicación en las distintas jurisdicciones (conf. mi voto «in re» “Banca Nazionale del Laboro S.A. c/ GCBA s/ otras causas con trámite directo ante la Cámara de Apel.”, expte. Nº RDC 2181/ 0, sentencia del 13 de septiembre de 2012, confirmada por el Tribunal Superior de Justicia de esta Ciudad en “HSBC Bank Argentina SA s/ queja por recurso de inconstitucionalidad denegado en: Banca Nazionale del Laboro S.A. SA c/ GCBA s/ otras causas con trámite directo ante la Cámara de Apel.”, expte. TSJ N° 9771/13, sentencia del 4 de diciembre del 2014).
FUENTE: Departamento de Biblioteca y Jurisprudencia del Consejo de la Magistratura de la Ciudad de Buenos Aires
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