La jueza en lo Civil y Comercial de 44.º Nominación de la ciudad de Córdoba, Alicia del Carmen Mira, ordenó que, en la página web del Poder Judicial, se publique el decreto por medio del cual se ha dispuesto que la Fundación Club de Derecho Argentina se encuentra legitimada para promover una acción colectiva contra el Banco Itaú Argentina S. A. por la que se persigue que dicha entidad bancaria se abstenga de cobrar todo gasto derivado del mantenimiento y/o de la renovación de tarjetas en las cuentas denominadas “Card Express o VIP”, adquiridas en el marco del convenio celebrado por dicha institución crediticia con el Colegio de Abogados de Córdoba el 2 de septiembre de 2009, con vigencia de dos años y con la posibilidad de ser renovado en forma automática por plazos iguales.
En el decreto de admisión de la acción, se consideró acreditada la legitimación de la parte actora, teniendo en cuenta el “objeto de la institución” y la Ley de Defensa del Consumidor (arts. 52, 53 y 54). Asimismo, la magistrada resolvió que se dé noticia al Colegio de Abogados, con el fin de que esta institución, si lo considera pertinente, pida participar en la causa y ejercer los derechos que pudieran corresponderle.
Lo mismo se dispuso respecto de todos aquellos que pudieran sentirse comprendidos en el “colectivo” identificado por la fundación, pero en este caso con el fin de que comparezcan y de que, eventualmente, manifiesten en forma expresa su intención de quedar excluidos de la “clase” en cuyo nombre e interés se ha promovido la presente causa colectiva.
Precisamente, para garantizar “una adecuada publicidad” teniendo en cuenta el carácter “colectivo” que se ha impreso a la causa, la jueza ordenó “la publicación de edictos en el Boletín Oficial de la Provincia de Córdoba y en el diario La Voz del Interior” con el texto que puede ser leído en el decreto que se adjunta.
Asimismo, se dispuso que se deberá notificar el decreto, en forma íntegra, “a todos los colegios de abogados de la provincia de Córdoba”, para que, por las vías legales pertinentes, “informen a sus colegiados” la resolución. En ese mismo sentido, también se ordenó la publicación en la página web del Poder Judicial.
Fecha: 31 de mayo de 2016.
Causa: “Fundación Club de Derecho Argentina c/Banco Itaú Argentina S.A. – Abreviado – Otros”. Expte. N.° 2849064/36, Juzgado Civil y Comercial de 44.º Nominación de la ciudad de Córdoba.
Fuente: www.justiciacordoba.gob.ar
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