It is not unusual for immigration authorities to pursue airlines for infringements of the passenger documentation requirements which travellers must meet in order to enter a country. Argentina is no exception and the Immigration Authority (DNM) has been incentivised to detect passenger documentation infringements and collect fines from air carriers. However, a number of recent decisions regarding the DNM's imposition of fines in such cases could mark a turning point with regard to this issue.
The Federal Court recently heard a case in which two passengers claimed damages from Aeromexico after they had been ordered to disembark an aircraft for being disruptive. The case provides an insight into the question of whether consumer protection law trumps flight security concerns.
The Civil and Commercial Court of Appeals recently overturned a first-instance decision concerning a laptop lost on an Aeromexico flight from New York to Buenos Aires. The first-instance court had ordered Aeromexico to pay damages, but the appeal court found that the model of the lost laptop had never been sold in Argentina and that the plaintiff had neither proved that her laptop had been packed in her luggage nor made her claim in a timely manner.
A federal court recently dismissed a lawsuit against El Al Israel Airlines which had been filed by an Argentine passenger based on a lack of jurisdiction as set out by Article 33 of the Montreal Convention. The court examined the different hypothesis described by Article 33 and found that the claimant had failed to file a lawsuit against El Al before the courts where it was domiciled or had its principal place of business, where the contract had been made or before the courts of the claimant's planned destination.
Carriers' commitment to travel at certain times implies a duty of extreme diligence to respect the terms of their offer and such commitment is essential to those who use their services. A first-instance court recently declared that Qatar Airways breached its transport contract and the obligations to its passengers following the delay and cancellation of one of its flights from Sao Paulo to Buenos Aires.
The government recently published Decree 872/2018, ordering the Secretariat of Energy to launch the first round of international competitive bidding for offshore exploration permits. Given Argentina's size and the potential for the discovery of new energy sources, the government aims to exploit its resources through effective investment in seismic surveys and hydrocarbon explorations in partnership with major oil and gas companies.
The Ministry of Energy and Mining recently issued Resolution 197/2018, which details the requirements and procedures relating to obtaining reconnaissance permits and the commercial use of data obtained during reconnaissance activities along the Argentine Continental Shelf. Although the Ministry of Energy and Mining has already granted a number of offshore exploration licences, significant potential for offshore basin exploitation remains.
This update has been removed at the request of the authors.
Argentina has established a long-term state policy for energy development, which encourages the use of non-fossil fuels suitable for environmental protection and economic sustainability. In pursuance of this goal, the Ministry of Energy and Mining launched a set of tender proceedings for the procurement of electrical energy from renewable sources. Following the success of Rounds 1 and 1.5, Round 2 was recently published with the aim of adding 1,200 megawatts of renewable energy to the interface system.
Since the Trademark Law reserves the right to use a trademark for the mark's owner, legal scholars in Argentina have long debated whether the use of trademarks in comparative advertising is permitted. With the recent approval of Emergency Decree 274/2019, legislation has, for the first time, addressed comparative advertising in Argentina in a detailed and systematic manner and established when it is allowed.
Emergency Decree 274/2019 has established a comprehensive system for regulating unfair competition. Many practices punished by the new unfair competition rules affect IP rights. Further, the new legislation establishes a series of provisions that are highly valued in the IP field, including the detailed regulation of comparative advertising and provisions referring to names of origin and trade secrets.
Law 25,163/1999 and Law 25,380/2000 govern appellations of origin in Argentina for wines and wine-based spirits as well as agricultural and food products, respectively. The Ministry of Production and Labour recently acknowledged a new appellation of origin for a sweet quince paste produced in San Juan that is part of the local culinary tradition and whose characteristics derive from the manufacturing process and the quality of the quinces produced in the province.
The terms 'corporate name', 'trade name' and 'designation' are frequently used without distinction in commerce and business. However, these expressions must be clearly distinguished. While corporate names distinguish corporations and their use and protection are based on the Companies Law, designations are protected under the Law on Trademarks.
The Argentine Executive Power recently issued Decree 27/2018, which has introduced significant and substantial amendments to the Law on Trademarks, the Law on Patents and the Industrial Model and Design Decree 6,673/63. The most important amendments include a simpler registration process, an expansion of the facts that do not destroy novelty and adjustments to renewal and grace periods.
The question of whether foreign-flagged ships involved in international trade are subject to value added tax (VAT) when supplying bunkers in Argentina is frequently posed. If a vessel is supplied bunkers in one Argentine port and subsequently calls to another Argentine port before proceeding overseas, this is generally considered to be cabotage and is therefore subject to VAT.
Local authorities have increasingly exercised their power to enforce local regulations concerning waste disposal and broadened the responsibility of vessels in this regard. It has become common practice for local authorities to request the compulsory discharge of waste from vessels, even if this action appears to go against commonly accepted international law that is binding in Argentina.
Ships calling at ports on the Parana river are increasingly being asked to submit a pest control certificate to the Health Authority. Failure to comply with this request could require the ship to be fumigated. However, this can be avoided if a ship can prove that it has been fumigated by a competent authority or if it has been exempted from such operation in the past six months and obtained a certificate from the health authorities of a port officially authorised for this purpose.
Under the new Regulation 693-E/2017, the system for checking the cargo-worthiness of holds and tanks of ships and barges for the export of grains and their products and by-products will be compulsorily applied to all ships. In terms of compliance, ships that meet industrial standards should face no major issues and any attempt from surveyors or inspectors to reject such a ship could be challenged.
The Ministry of Environment and Sustainable Development recently issued Regulation 85-E/2017, under which vessels calling at Argentine ports must apply a chlorination process to their ballast water tanks to prevent the introduction of invasive aquatic species. However, the regulation posits only that chlorination must be done on arrival and does not clarify whether it should be conducted by the crew or a local entity. This has resulted in several operational issues.