São Paulo court rules in favor of BTP in lawsuit brought by Localfrio

With regard to a lawsuit brought by the Localfrio retroport terminal against BTP (Brasil Terminal Portuário), the São Paulo State Court of Justice (TJ-SP) upheld the disputed handling fee charged by BTP at Terminal 2 (THC-2), also called the Segregation and Delivery Service (SSE). The lawsuit was intended to prove the unlawfulness of this charge. The note indicated that there was no legal relationship that would justify the payment of the fee, in addition to the lack of a legal basis, since the cargo handling was within the same box rate stipulated by the terminal.

After the goods are unloaded, there are two options: they can be stored in the port terminal itself or sent to another location. In this case, the cargo needs to be segregated and placed in a specific location on the terminal, before being dispatched to another facility. This should take place within 48 hours. The National Waterway Transport Agency (Antaq) has issued an opinion that it interprets this as another service and hence it should be remunerated.

According to the TJ-SP, “The claim to prohibit the collection of THC-2, in addition to being contrary to the regulations established by Antaq, constitutes a flagrant enrichment of customs port facilities without cause, making the port operator’s activity unviable, which would have to bear all the costs of the operation, without receiving anything for the service provided ”, highlighted the judge, Francisco Gianquinto.

Source: The Tribune

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