The Court of Appeals in Criminal Matters and Misdemeanors of the City of Buenos Aires confirmed the first instance’s order to conduct a preemptive shut down and blocking of Uber’s website and any digital platforms, apps and any other technical resources employed to provide its services.
The Court of Appeals confirmed the first instance court’s decision ordering a preemptive shutdown and blocking of Uber’s website and any digital platforms, apps and any other technical resources employed to provide its services within the limits of the City of Buenos Aires (Court of Appeals in Criminal Matters and Misdemeanors of the City of Buenos Aires, Division II, “Incidente de apelación de clausura preventiva art. 29 LPC en autos UBER SRL s/ infr. 83 CC”, Docket 4790-02-CC/2016, decision dated May 5, 2016).
In so deciding, the Court explained that this type of injunction can be ordered based on the risk or imminent danger to public health or security arising from the conduct of the defendant.
The Court further affirms that Uber’s users would find themselves unprotected when hiring its services due to lack of compliance with the relevant regulatory framework.
Furthermore, to complement the Court of Appeal’s decision, the First Instance Court on Criminal Matters and Misdemeanors No. 16 of the City of Buenos Aires issued another injunction against Uber ordering credit card companies to refrain from performing any activity that would allow Uber to process payment for its services (First Instance Court on Criminal Matters and Misdemeanors No. 16 of the City of Buenos Aires, “John Doe - infringement to Section 83 of the Code of Misdemeanors”, decision dated April 28, 2016).
It should be noted that both decisions were issued by courts located in the City of Buenos Aires and are only applicable within the city limits.
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