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.