Driving Using Uber Is Not A Violation (High Court of Justice, CABA)
On the 8th of May, 2019, in the case “Sajoux, Nicolás y otros s/ queja por recurso de inconstitucionalidad denegado en: ‘Nicolás Sajoux (UBER) s/ infr. art. 83, usar indebidamente el espacio público c/ fines lucrativos (no autorizadas)’", (File No, 15859/18), the Court acquitted the defendants accused of violating Article 86 of the Contraventional Code which penalised profit-making activities in public spaces without authorization. The Court held that the activity was not regulated by local laws and constituted only atypical conduct.
This same view was applied when acquitting the defendants of their violation of Article 77 of the Contraventional Code which penalises those who engage in an activity which exceeds the limits of their licence. The Court found that the law requires a specific licence for the provision of such activity.
