Inversiones Eivissa S.A.C. v. Ministry of Health et al.

A company that owns two stores located in Barranco Municipality challenged the validity of a city ordinance and Ministry of Health regulation which define enclosed public spaces. The company argued that the definition contained in the city ordinance and in the Ministry of Health regulation is stricter than the one established by Law No. 29517. In addition, it argued that this definition implied an illegal bureaucratic barrier which affects its commercial freedom. The Lima Superior Court agreed with the plaintiff and authorized the company not to comply with the ordinance or the regulation.