Greenberg Traurig has counselled Uber on obtaining a favourable ruling that will allow the company to operate in the state of Quintana Roo in Mexico.
The permit was granted by the Third Collegiate Court of the Twenty-Seventh Circuit based in Cancun, Quintana Roo, because it applied an exception to the State’s Mobility Law that had initially considered the ride-sharing service contracted through the Uber app as a public service and would have required the company to obtain a public transport concession to operate in Quintana Roo.
This ruling sets an important precedent for the country’s legal system, as so far, no other ruling in Mexico has clearly determined whether transport services provided through digital platforms should be considered a public service or a private service that would not be subject to a concession granted by the state. This ruling may serve as a precedent in other parts of the country, opening the door for these types of companies to operate freely in Mexico.
The advice involved a previous injunction that allowed Uber to operate while the judicial process was underway. This ruling recognises Uber as a digital platform providing a private service.
Joselino Morales, lead shareholder of the operation commented: “It is the first court ruling which defines that a rideshare service provided via through digital platform is private and doesn’t requiring a state concession. As a result, Uber will now be freely available in this important tourist destination.”
GT Law’s team included shareholders Joselino Morales (pictured), Víctor Manuel Frías, and associates Hugo Hernández, Perla Salgado and Miguel Saiz.