He declared and published the transport system by the Uber platform, subject to regulations for security or public order, to inform the courts of the transport system in the City of Buenos Aires, who informed the Buenos Aires Judicial Information section on its website. .
After holding an oral hearing, holder of Court No. 7 Criminal, Prevention and Crime City of Buenos Aires, Javier Buján, ordered to discharge the private transport service driver through the Uber electronic platform in relation to the cut provided for art. 6.1.49 second paragraph and 4.1.7 of the 451 Act, on the understanding that the behavior is atypical within the same framework, given that the activity composes a specified private transport contract regulated in the Civil Code and Commercial of the Nation with related contracts. This was all resolved within the framework of the case "B.M., A. on 6.1.49 Bis – Providing a public service of unauthorized taxis".
In the first place, the magistrate recalled that the Supreme Court of Justice of the Nation had confirmed the legitimacy of the UBER company, "considered in the previous cases as a legal commercial activity", When he dismissed the Taxpayers Union's complaint in August this year.
On the other hand, he noted that there were some precedents of the Buenos Aires City Criminal Justice, Criminal Justice and Abuse system, such as "Sajoux s / infr. To Art. 86 CC", stating that there is no violation of an article 86 of that code.
However, he maintained that the lawfulness and uncommon nature of the behavior were in shortcomings "prevents the State from understanding to apply to the regulation of its practice to some extent in order to protect public order and security (Article 28 and 42 CN)"As the Mendoza province recently said,"country pioneer in terms of regulatory adjustment in transport issues through a digital platform, which created the Law of 9,086 Public Transport figures through Electronic Platforms& # 39; "