Jurisprudencia de la C.A.B.A.: Confirman la admisibilidad de una acción de amparo por mora

SÍNTESIS.- En el caso, corresponde confirmar la resolución de grado, en cuanto admitió la acción de amparo por mora y ordenó al Gobierno de la Ciudad que, en el plazo de diez (10) días, dictase el acto administrativo que resolviese la petición formulada por la actora.
En principio, resultaría atendible el agravio de la demandada en relación con que el plazo otorgado podría ser breve para cumplir con la sentencia dictada, lo cierto es que, en el contexto dado, el fundamento central en el cual el recurrente sostiene su apelación cede ante la situación fáctica ocurrida hasta que el expediente fue remitido a esta Cámara. Es que, antes de que ocurriera esto último, tuvo aproximadamente cuatro meses y medio -sin contar la feria judicial de julio- (a partir de la notificación de la sentencia en cuestión), para acreditar el cumplimiento de lo ordenado en dicha sentencia, lo cual no ha hecho.
Al respecto, no puede soslayarse que no ha sido cuestionada la decisión adoptada por el “a quo” sino en relación con el plazo que dispuso para que la Administración dictara el acto pertinente. De modo que es dable concluir en que el recurrente contó con un lapso más que razonable para emitir el acto administrativo, habiendo desplegado, por el contrario y a juzgar por las constancias de autos, una conducta desaprensiva ante la obligación de actuar de ese modo. Eso mismo, incluso, habría tornado abstracto el tratamiento del recurso bajo análisis.
Entiéndase bien: no se desconoce que el plazo de diez (10) días no comenzará a correr hasta que quede firme la sentencia, pero tampoco puede dejar de observarse el hecho de que, aunque más no sea de modo implícito –en tanto no se agravió al respecto-, el Gobierno de la Ciudad Autónoma de Buenos Aires reconoció la mora en la que había incurrido. Por consiguiente, su modo de conducirse frente a la orden judicial dispuesta en la sentencia apelada le permite hacerse de un plazo mucho mayor al allí dispuesto para el cumplimiento de la obligación de hacer que contiene dicho decisorio. Ello, con el agravante de que, en caso de no aprovechar ese tiempo para cumplir con la manda judicial, no resultaría pasible de ser sancionado por la vía apta para compeler al cumplimiento de una orden judicial (conf. art. 30 CCAyT).

MARIN VERÓNICA LOURDES c/ GCBA, Cámara de Apelaciones Contencioso, Administrativo y Tributario, Sala II, 22/03/2016

Fuente: Departamento de Biblioteca y Jurisprudencia del Consejo de la Magistratura de la Ciudad de Buenos Aires

52 comentarios de “Jurisprudencia de la C.A.B.A.: Confirman la admisibilidad de una acción de amparo por mora

  1. I simply want to mention I am just all new to blogging and definitely liked this web-site. Most likely I’m want to bookmark your blog post . You actually have tremendous articles. Thanks for sharing your web-site.

  2. Thank you for sharing excellent informations. Your web-site is so cool. I am impressed by the details that you have on this website. It reveals how nicely you perceive this subject. Bookmarked this web page, will come back for extra articles. You, my friend, ROCK! I found simply the info I already searched everywhere and simply could not come across. What a perfect website.

  3. If you happen to be nevertheless on the fence: get your favored earphones, thoughts down to a Excellent Acquire and talk to toward plug them into a Zune then an iPod and watch which a single appears better to on your own, and which interface creates you smile additional. Then you are going to notice which is directly for you.

  4. Sorry for the enormous analyze, nonetheless I am definitely loving the new Zune, and assume this, as nicely as the Good evaluations some other Those have published, will support oneself come to a decision if it can be the right final decision for oneself.

  5. This is really interesting, You’re a very skilled blogger. I’ve joined your feed and look forward to seeking more of your fantastic post. Also, I have shared your site in my social networks!

  6. Are you tired of your ac repair in Dubai? Are you looking for Certified Professionals to carry out your ac repair with improved facilities and in an expert way?. Hot and humid conditions are not easy to tolerate, especially when you are not used to them. But, thanks to the air conditioners – living in such extreme settings can also become a pleasant experience, and more so if you are in Dubai.

  7. Sorry for the huge evaluation, yet I am incredibly loving the refreshing Zune, and assume this, as very well as the Great assessments some other folks consist of written, will assist yourself make your mind up if it can be the right choice for oneself.

  8. Admiring the time and effort you invested in your website and comprehensive details you offer. It’s awesome to find a site every now and then that is just not the same out of date rehashed material. Great read! I have saved your webpage and I’m adding the RSS feeds to my fabric sofa cleaner website.

  9. I am going to products this examine in the direction of 2 products of folks: latest Zune householders who are thinking about an improve, and folks making an attempt to make your mind up among a Zune and an iPod. (There are other gamers worth contemplating out there, such as the Sony Walkman X, but I assume this features you plenty of data towards produce an mindful determination of the Zune vs gamers other than the iPod line as well.)

  10. Its like you read my mind! You appear to know so much about this, like you wrote the book in it or something. I think that you could do with a few pics to drive the message home a little bit, but instead of that, this is great blog. A fantastic read. I’ll definitely be back.

  11. If you are continue to upon the fence: get your beloved earphones, mind down towards a Simplest Purchase and check with in the direction of plug them into a Zune then an iPod and view which 1 appears improved in direction of your self, and which interface creates by yourself smile much more. Then you are going to understand which is specifically for on your own.

  12. There are fantastic modifications on the style of this webpage, I truly love this. My site is relating to excel courses online and now there are a lot of things to do, I am yet still a rookie in internet site design. Take good care!

  13. There are actually amazing changes on the design of your page, I honestly love that. My website is dealing with HDTV tuners and presently there are quite a lot of things to do, I am yet still a newcomer in website development. Take good care!

  14. I felt great to read this info and I think you are really correct. Let me know in the event that you’re interested in beautiful house plans, that is my main expertise. I really hope to hear from you in the near future, cheers!

  15. Thank you for writing this awesome article. I’m a long time reader but I’ve never been compelled to leave a comment. I subscribed to your blog and shared this on my Facebook. Thanks again for a great post!

  16. I am going to tools this assessment in the direction of 2 layouts of human beings: recent Zune property owners who are considering an enhance, and individuals making an attempt towards determine among a Zune and an iPod. (There are other players well worth considering out there, such as the Sony Walkman X, nonetheless I count on this gives you plenty of info towards crank out an informed selection of the Zune vs players other than the iPod line as very well.)

  17. This is getting a bit excess subjective, however I much prefer the Zune Market. The interface is colorful, incorporates more flair, and some neat options which include ‘Mixview’ that permit oneself quickly view similar albums, tunes, or other end users equivalent towards what you might be listening in the direction of. Clicking upon one of those will heart upon that products, and yet another established of “neighbors” will appear into watch, allowing yourself towards navigate in excess of looking into via similar artists, songs, or consumers. Speaking of end users, the Zune “Social” is far too superior exciting, allowing your self locate many others with shared choices and turning into mates with them. You then can pay attention toward a playlist constructed based on an amalgamation of what all your friends are listening in the direction of, which is moreover remarkable. People anxious with privateness will be relieved in direction of know oneself can protect against the public in opposition to seeing your particular person listening habits if you hence acquire.

  18. The new Zune browser is incredibly positive, but not as Fantastic as the iPod’s. It is effective nicely, still just isn’t as instant as Safari, and is made up of a clunkier interface. If yourself often program upon employing the internet browser that is not an issue, nonetheless if you’re planning to read through the net alot in opposition to your PMP then the iPod’s bigger display and better browser may possibly be significant.

  19. I’ll devices this overview in the direction of 2 layouts of Those: recent Zune house owners who are considering an improve, and Those people attempting in the direction of choose in between a Zune and an iPod. (There are other gamers importance thinking about out there, which includes the Sony Walkman X, nevertheless I hope this features by yourself ample facts towards make an aware decision of the Zune vs avid gamers other than the iPod line as nicely.)

  20. Thanks for writing this awesome article. I’m a long time reader but I’ve never been compelled to leave a comment. I subscribed to your blog and shared this on my Twitter. Thanks again for a great post!

  21. The contemporary Zune browser is surprisingly Excellent, nevertheless not as Great as the iPod’s. It performs properly, but is not as instant as Safari, and incorporates a clunkier interface. If yourself occasionally plan upon getting the world wide web browser that’s not an issue, nevertheless if you happen to be designing to examine the website alot from your PMP then the iPod’s bigger display and much better browser may possibly be sizeable.

  22. Involving me and my husband we’ve owned much more MP3 gamers over the many years than I can count, which include Sansas, iRivers, iPods (classic & touch), the Ibiza Rhapsody, etc. But, the very last number of several years I have solved down in direction of 1 line of players. Why? Given that I was content to uncover how well-designed and enjoyable toward seek the services of the underappreciated (and widely mocked) Zunes are.

  23. The Zune concentrates on currently being a Portable Media Player. Not a world-wide-web browser. Not a match machine. Quite possibly within just the upcoming it’ll do even greater inside all those areas, however for previously it can be a extraordinary course in direction of set up and hear toward your songs and flicks, and is without the need of peer inside of that respect. The iPod’s rewards are its internet viewing and purposes. If those solid much more powerful, maybe it is your best choice.

  24. If you’re even now on the fence: grab your favored earphones, thoughts down towards a Least difficult Get and inquire towards plug them into a Zune then an iPod and perspective which a single appears improved towards on your own, and which interface results in on your own smile even further. Then you’ll know which is straight for you.

  25. I will devices this overview to Two models of us residents: present-day Zune owners who are looking at an update, and Those striving in direction of come to a decision between a Zune and an iPod. (There are other avid gamers value thinking about out there, like the Sony Walkman X, nonetheless I be expecting this presents yourself plenty of details in the direction of deliver an mindful option of the Zune vs players other than the iPod line as nicely.)

  26. This is becoming a little bit more subjective, but I much desire the Zune Current market. The interface is colorful, includes far more aptitude, and some neat capabilities like ‘Mixview’ that allow for on your own suddenly see identical albums, new music, or other buyers equivalent in the direction of what you’re listening in direction of. Clicking on one of individuals will center upon that product, and another set of “neighbors” will arrive into opinion, making it possible for you in the direction of navigate around studying by means of equivalent artists, audio, or people. Conversing of buyers, the Zune “Social” is additionally very good pleasurable, enabling your self find other individuals with shared choices and getting good friends with them. You then can pay attention toward a playlist produced based mostly on an amalgamation of what all your friends are listening toward, which is furthermore remarkable. All those worried with privacy will be relieved in the direction of realize oneself can steer clear of the public against watching your unique listening practices if yourself as a result just take.

  27. I got what you intend, appreciate it for putting up.Woh I am delighted to find this website through google. “Money is the most egalitarian force in society. It confers power on whoever holds it.” by Roger Starr.

  28. Wow! This could be one particular of the most beneficial blogs We’ve ever arrive across on this subject. Basically Wonderful. I’m also a specialist in this topic so I can understand your hard work.

  29. I truly enjoy reading through on this website , it has excellent articles . “When a man’s willing and eager, the gods join in.” by Aeschylus.

  30. I am going to products this evaluate to 2 products of individuals: recent Zune house owners who are looking at an up grade, and persons making an attempt towards make your mind up amongst a Zune and an iPod. (There are other avid gamers really worth considering out there, together with the Sony Walkman X, nonetheless I be expecting this offers by yourself more than enough details in direction of make an aware decision of the Zune vs players other than the iPod line as very well.)

  31. you are truly a good webmaster. The site loading speed is incredible. It sort of feels that you are doing any distinctive trick. Also, The contents are masterpiece. you’ve done a magnificent task in this matter!

  32. Thank you for writing the idea, I bookmarked the website. I am also in search of data on NYC ticket, have you any idea where I might come across something like this? I’ll come back quickly!

  33. Good – I should certainly pronounce, impressed with your site. I had no trouble navigating through all the tabs as well as related info ended up being truly simple to do to access. I recently found what I hoped for before you know it at all. Quite unusual. Is likely to appreciate it for those who add forums or something, web site theme . a tones way for your client to communicate. Nice task.

  34. Heya i’m for the first time here. I came across this board and I find It really useful & it helped me out a lot. I hope to give something back and help others like you helped me.

  35. Howdy there, just started to be mindful of your writings through The Big G, and discovered that it’s really useful. I will like if you maintain this informative article.

  36. I merely want to share it with you that I am new to wordpress blogging and undeniably liked your page. Very likely I am likely to remember your blog post . You seriously have fantastic article content. Be Grateful For it for telling with us all of your site information

  37. If you happen to be nevertheless on the fence: get your favourite earphones, intellect down toward a Excellent Buy and talk to in the direction of plug them into a Zune then an iPod and view which one particular seems superior toward your self, and which interface helps make on your own smile excess. Then you can expect to understand which is straight for on your own.

  38. Thanks for publishing this awesome article. I’m a long time reader but I’ve never been compelled to leave a comment. I subscribed to your blog and shared this on my Facebook. Thanks again for a great post!

  39. Needed to send you the tiny note so as to say thanks over again for all the precious ideas you’ve featured on this website. It is simply strangely open-handed with you to offer extensively exactly what many people might have offered for an e book to make some money for themselves, precisely considering that you could possibly have tried it if you ever wanted. These good tips likewise served as the fantastic way to recognize that someone else have a similar eagerness like my very own to find out a whole lot more in regard to this issue. I believe there are numerous more pleasant occasions in the future for those who view your website.

Los comentarios han sido cerrados.