MEXICO CITY – Jan. 12, 2023 - The Administrative Litigation team in Greenberg Traurig’s Mexico City office obtained a favorable ruling that allows Uber to operate in the State of Quintana Roo.
On Jan. 11, 2022, the Third Collegiate Court of the Twenty-seventh Circuit in Cancun, Quintana Roo, granted Greenberg Traurig client Uber an exception from the application of the State Mobility Law that it had initially considered the ride-sharing service contracted through the Uber application as a public service and would have required the company to obtain a public transportation concession to operate in Quintana Roo.
This ruling sets an important precedent for the country’s legal system because there no other ruling in Mexico thus far has clearly determined whether transportation services provided through digital platforms should be considered a public service or a private service which would not be subject to a state-granted concession. This ruling may serve as a precedent in other parts of the country, opening the door for this type of company to operate freely in Mexico.
The success of this case was due to a legal strategy Greenberg Traurig initiated on behalf of Uber in 2017. The firm previously obtained an injunction that allowed Uber to operate while the court proceedings were ongoing. This ruling recognizes Uber as a digital platform that provides a private service.
“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,” said Joselino Morales, the Mexico City Administrative Litigation shareholder who led the Greenberg Traurig team representing Uber.
The other members of the team were: Corporate Shareholder Víctor Manuel Frías, and Administrative Litigation Associates Hugo Hernández, Perla Salgado, and Miguel Saiz.
About Greenberg Traurig’s Tax and Administrative Litigation Practice: The Tax and Administrative Litigation Practice in Greenberg Traurig Mexico has local and international experience, being part of the team of more than 600 trial attorneys that make up the litigation area of the firm globally. Our team comprises a group of lawyers who are experts in providing timely and personalized advice and defense in tax and administrative matters, administrative proceedings and appeals, administrative & constitutional litigation, including amparo claims before federal, state or municipal tax and administrative authorities, and the competent courts.
About Greenberg Traurig’s Mexico City Office: Greenberg Traurig’s Mexico City office offers clients innovative, strategic advice and legal services that span both traditional fields and contemporary regulatory sectors. The office has more than 60 bilingual attorneys who have been contributors to major national projects in Mexico and leverages the resources and reach of the firm’s global platform to provide clients with tailored legal services reflective of the specific industry and market conditions in which they operate. The Mexico City office is an integral part of the firm’s award-winning Latin America Practice, and has been recognized with leading competition, corporate, M&A, compliance, infrastructure, real estate, privacy, energy, administrative litigation, and banking practices in Mexico.
About Greenberg Traurig: Greenberg Traurig, LLP has more than 2500 attorneys in 43 locations in the United States, Europe, Latin America, Asia, and the Middle East. The firm reported gross revenue of over $2 Billion for FY 2021 and is consistently among the top firms on the Am Law 100, Am Law Global 100, and NLJ 250. On the debut 2022 Law360 Pulse Leaderboard, it is a Top 15 firm. Greenberg Traurig is Mansfield Rule 5.0 Certified Plus by The Diversity Lab and the Center for Resource Solutions Green-e® Energy program certifies that the firm’s U.S. offices are 100% powered by renewable energy. The firm is often recognized for its focus on philanthropic giving, innovation, diversity, and pro bono. Web: www.gtlaw.com.