ARTICLE
26 February 2018

Uber: Services In The Field Of Transport

EH
ELVINGER HOSS PRUSSEN, société anonyme
Contributor
Independent in structure and spirit, Elvinger Hoss Prussen guides clients on their most critical Luxembourg legal matters. Committed to excellence and creativity in legal practice, our firm delivers the best possible advice for businesses, institutions and entrepreneurs, playing a unique role in the development of Luxembourg as a financial centre.
On 20 December 2017, the Court of Justice of the European Union ("CJEU") ruled that an intermediation service, such as Uber, the purpose of which, by means of a smartphone application ...
European Union Transport
To print this article, all you need is to be registered or login on Mondaq.com.

On 20 December 2017, the Court of Justice of the European Union ("CJEU") ruled that an intermediation service, such as Uber, the purpose of which, by means of a smartphone application and for remuneration, is to put non-professional drivers using their own vehicles in contact with persons who wish to travel in the city, must be regarded as being inseparably linked to a transport service and as falling within the category of "services in the field of transport".

The preliminary question put to the CJEU stemmed from a Spanish court referred by a professional association of taxi drivers which accused Uber Systems Spain of misleading commercial practices and unfair competition. The applicant claimed that Uber and its drivers, who did not consider themselves bound by the regulation on taxi services in the urban area of Barcelona, should have had the licences and other approvals provided for in this regulation. Uber, on the other hand, were of the opinion that their activity falls within the scope of Article 56 TFEU (freedom to provide services) and the Directive 2006/123/EC on services in the internal market and the Directive 2000/31/EC on e-commerce .

The CJEU has ruled that a service such as the one offered by Uber is more than an information society intermediation service and has excluded the service provided by Uber from the scope of Article 56 TFEU, Directive 2006/123 and Directive 2000/31.

It considers that this service is linked to a service of transport and should therefore be classified as a "service in the field of transport" under EU law. 

Member States are free to regulate the conditions under which such services may be provided.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

ARTICLE
26 February 2018

Uber: Services In The Field Of Transport

European Union Transport
Contributor
Independent in structure and spirit, Elvinger Hoss Prussen guides clients on their most critical Luxembourg legal matters. Committed to excellence and creativity in legal practice, our firm delivers the best possible advice for businesses, institutions and entrepreneurs, playing a unique role in the development of Luxembourg as a financial centre.
See More Popular Content From

Mondaq uses cookies on this website. By using our website you agree to our use of cookies as set out in our Privacy Policy.

Learn More