The Justice of Buenos Aires has ratified the legality of Uber | Chronic

The criminal, punitive and criminal jurisdictions of the city of Buenos Aires have declared and confirmed the legality of the transportation system via the Uber platform, subject to regulation for reasons of security or public order, reported the Judicial Information Department of Buenos Aires on its website.

After holding a hearing, the owner of the Criminal Court, Offenses and Offenses of the City of Buenos Aires No. 7, Javier Buján, sentenced to unload a private transport service driver via the Uber electronic platform in connection with the planned offense and repressed in the art. 6.1.49, second paragraph and 4.1.7 of Law 451, it being understood that the behavior is atypical in the context of this same activity, since the activity is constituted by a private transport contract in hands governed by the Civil and Commercial Code of the Nation with related contracts. All this has been resolved in the context of the case "B.M., A. to 6.1.49 Bis – Provision of public service of taxis without authorization".

In the first place, the magistrate recalled that the Supreme Court of Justice of the nation had ratified the legality of the company UBER, "considered in previous cases as a legal commercial activity", When he dismissed the complaint of the Taxpayers Union in August of this year.

On the other hand, he pointed out that certain precedents of the criminal justice system, anticompetitive and tortious of the city of Buenos Aires, such as "Sajoux s / infr. Article 86 C.C, "declare the non-existence of the contravention within the meaning of Article 86 of the Code.

However, he baderted that the legality and atypism of the misconduct "does not in any way prevent the State from understanding that it is relevant to regulate its exercise to a certain extent in order to preserve public order and safety (Articles 28 and 42 of the CN )."As recently did the province of Mendoza,"Pioneer in the country in regulatory adaptation in the field of digital platform transport, which by law 9886, created the figure of private transport through electronic platforms& # 39; "