Newsletters/Administrative & Regulatory

COVID-19 Practical Legal Guide

With the aim of providing clear and concise responses, Bergstein has prepared a practical legal guide with most frequently asked questions about COVID-19. The guide discusses hot topics on employment law, contracts and taxations.

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Media Law: The End Of Multiple Licenses

The Supreme Court of Justice (the “Court”) recently deemed that Article 56 of the Audiovisual Media Services Act (the “Media Law”) is constitutional, despite the challenge raised by DIRECT TV. Such an article provides that no company rendering audiovisual communication services may also render telecommunications, telephony and/or data transfer services. Among other arguments, the Court understood that the principle of legal certainty was not violated because the license belonging to DIRECT TV does not provide the operation of services of telecommunications, telephony or data transfer services. It could be asked what would be the position of the Court if the unconstitutionality of Article 56 were requested by companies which met both qualities (i.e., companies authorized for rendering telecommunications services and also audiovisual communication services -such as cable or satellite television-). In this hypothetical scenario, it seems that the arguments of the Court supporting the constitutionality of such provision would not apply, in which case those arguments based on the violation of the rights and principles embedded in Articles 7 and 36 of the Uruguayan Constitution would regain strength. ___________________ The above communication has been prepared just for information purposes. It cannot be construed as legal advice provided by Bergstein Abogados. Should you have any further questions, please feel free to contact Ignacio Torres Negreira (itorresnegreira@bergsteinlaw.com) and/or Domingo Pereira (dpereira@bergsteinlaw.com).

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More Work Involves More Salary? -- The Supreme Court Changes Its Own Precedent

A few days ago, the Supreme Court (the “Court") rendered a decision changing its prior criteria on the payment of wage differentials to public servants who carry out tasks of greater responsibility. Up to now, the Court believed that every time a public servant began to perform tasks of greater responsibility, the public employee had the right to an increased salary. However, the Court recently determined that the payment of such increase is conditional on the existence of a vacancy and an express designation by a superior. The questionable judgment of the Court gives priority to budget needs over constitutional rights and principles, especially the right to a just compensation and the principle of equality (“equal pay for equal work”). ___________________ The above communication has been prepared just for information purposes. It cannot be construed as legal advice provided by Bergstein Abogados. Should you have any further questions, please feel free to contact Ignacio Torres Negreira (itorresnegreira@bergsteinlaw.com) and/or Domingo Pereira (dpereira@bergsteinlaw.com).

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A Pharmacy On Every Corner: New Regulatory Framework For Pharmacies

A few days ago, the Executive Branch approved a new regulatory framework for pharmacies in Uruguay. The legality of the regulatory framework in force up to now had been challenged (several pending legal actions have been filed before the Administrative High Court --Tribunal de lo Contencioso Administrativo--, and the possibility of an international arbitration against Uruguay has been raised). The main difference with the previous regime lies in the change of approach adopted by the Government to determine the number of pharmacies which may be owned by an individual, legal entity or economic group. The new approach (of questionable legality) establishes that no one may be the owner of more than 10% (ten per cent) of the total number of “first-class pharmacies” authorized by the Ministry of Public Health (the “Ministry”). “First-class pharmacies” are those selling medicines, cosmetics and therapeutic devices to the public. First-class pharmacies, hospital pharmacies, rural pharmacies and drugstores, will be authorized to sell medicines, cosmetics and therapeutic devices on the Internet, as long as they can evidence to have a system that ensures a correct traceability of the product, until its delivery to the buyer. ___________________ The above communication has been prepared just for information purposes. It cannot be construed as legal advice provided by Bergstein Abogados. Should you have any further questions, please feel free to contact Ignacio Torres Negreira (itorresnegreira@bergsteinlaw.com) and/or Domingo Pereira (dpereira@bergsteinlaw.com).

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