14 Mar 2014 07:02
GRUPO CLARIN S.A.
Supreme Court Renders Decision in Jurisdictional Conflict
On 12 March 2014, Grupo Clarín S.A. (the "Company") informed the Argentine Securities Commission and the Buenos Aires Stock Exchange that its subsidiary Cablevisión S.A. had notified itself spontaneously of a decision rendered by the Argentine National Supreme Court of Justice in re "Ami Cable Holding LDT. and others re: Incidental Proceeding", whereby the Supreme Court declared the nullity of all acts in the litigation "Supercanal S.A. v. Cablevisión S.A. and others re summary proceeding for the protection of constitutional rights [amparo]" (No. 39,350/4), and ordered Federal Court Nº2 of Mendoza to close the case.
Cablevisión S.A. actively sought notification because the Supreme Court decision related to a negative jurisdictional conflict between the National Court of Appeals on Federal Civil and Commercial Matters of the Federal Capital and Federal Court Nº2 of Mendoza. Cablevisión S.A. was not a party to that conflict and would not have been served notice of the decision otherwise.
Attached as Schedule A is a free translation of the relevant sections of the Supreme Court's decision.
Enquiries:
In Buenos Aires:
Alfredo Marín/Agustín Medina Manson
Grupo Clarín
Tel: +5411 4309 7215
Email: investors@grupoclarin.com
In London:
Alex Money
Jasford IR
Tel: +44 20 3289 5300
Email: alexm@jasford.com
In New York:
Melanie Carpenter
I-advize Corporate Communications
Tel: +1 212 406 3692
Email: clarin@i-advize.com
SCHEDULE A
FREE TRANSLATION
Jurisdiction Nº 623. XLVIII
Ami Cable Holding LDT and others re Incidental Proceeding
National Supreme Court of Justice
Buenos Aires, Twenty Five February 2014
Having reviewed the case; whereas:
[Recitals 1 through 11 intentionally omitted]
12) Under such conditions, we note that the judge of the federal court of Mendoza, by admitting the summary action [amparo] and issuing injunctions, has created ex nihilo the title on which to ground his jurisdiction and irrupt into the jurisdiction of others, dismissing the wise principle set by this Court […] as an unavoidable guide to prevent magistrates from the arbitrary exercise of deferred power: "The Judicial Branch, by its nature, may never be the invading branch, the dangerous branch, that compromises the subsistence of the laws and the truth of the guarantees that it has as its mission to make effective and to protect."
[Recital 13 intentionally omitted]
Consequently, [the correct measure would be] to order the nullity of all acts in re "Supercanal S.A. v. Cablevisión S.A. and others re summary proceeding for the protection of constitutional rights [amparo]" ([File] nº 39,350/4), and order Federal Court Nº2 of Mendoza to close the case [proceda a su archivo], without prejudice to the rights that, eventually, may correspond to Supercanal S.A. under Sections 26 and 51 of Law No. 25,156, if in fact the conditions set forth under such provisions exist (Sections 42 and 43 of the National Constitution).
Therefore, having the Attorney General given her opinion, [we hereby] declare the nullity of all the acts of Federal Court Nº2 of Mendoza in re "Supercanal S.A. v. Cablevisión S.A. and others re summary proceeding for the protection of constitutional rights [amparo]". May a copy of this decision be added to the abovementioned file. Let this case be returned to its original courts so that they may proceed as ordered.
/s/ Ricardo Luis Lorenzetti
/s/ Elena I. Highton de Nolasco
/s/ Carlos S. Fayt
/s/ Enrique S. Petracchi
/s/ Juan Carlos Maqueda
/s/ Carmen M. Argibay