On the 13th of August, 2024, in the case “Avellaneda, Roman Miguel s/Apelación art. 35 O.M. No 2778’ originario No R-036894-0/2023 del Juzgado Municipal de Faltas y sus acumulados […]”, Expte. N° 5091/2024, the Criminal Court of the Southern Judicial District of Tierra del Fuego Province declared Ordinance 5283/2017 (modified by Ordinance 6214/2023), which prohibited the offering and provision of any transportation service that was not authorised by the Executive Municipal Department, such as Uber, to be unconstitutional.

Consequently, the Court pointed out that the Ordinance violated the principle of rationality in laws by distorting and undermining several fundamental principles, rights and legal guarantees.

The Court also pointed out that there is no legal right to prevent consumers from choosing alternative services, nor to prevent, avoid or prohibit the entry of new technologies in the market. In this regard, the Court held that the Municipal State, through this ban, was favouring an oligopoly between remises (private taxi services) and taxis, creating a legal barrier for new competitors to enter the market and impeding fair competition.

The Court added that treating dissimilar situations equally, such as with Uber, violates the principle of equality. This was stated in relation to the fact that Uber is a different type of service than those provided by remises (private taxi services) or taxis.