Ruling on August 14, 2018
Authority: Supreme Court of Argentina
Parties: UBER
Summary of facts: On 12 April 2016, the Court of Justice ordered that Uber suspend all activities in Argentina since Uber was in violation of local law. The merit of this suspension was based on tax evasion and the use of drivers who do not possess professional licenses and insurance. Uber did not cease their activities. Thereafter, drivers of Uber and of other taxi services started protests. Representatives of the non-uber taxi-drivers from Buenos Aires have started these proceedings against Uber. Uber claims that the existing laws are outdated and has offered their expertise in developing a new legal framework.
Legal question: The legality of conducting and offering services by Uber
Considerations: The Supreme Court ruled that Uber is allowed to operate in Buenos Aires. Uber offers carrier services by using privately owned vehicles that do not require licensing or registration. This is a legal activity and does not disrupt the general carrier sector. No ruling is given regarding the labour relationship between Uber and the drivers.
Ruling: The Court finds that contract that are arise through Uber are legal between the individual parties, the activities of Uber are therefore legal. The petition of city taxi's of Buenos Aires against Uber is therefore denied.