header-logo header-logo

11 May 2017
Categories: Legal News , Employment
printer mail-detail

Uber suffers setback at ECJ

Uber is a transport company not an information service, Advocate General Maciej Szpunar has told the European Court of Justice (ECJ) in a case brought by Spanish taxi drivers.

Advocate General’s Opinions, while not binding, are nearly always followed by the ECJ.

Advocate General Szpunar said the Uber app falls within the field of transport therefore the company must observe the necessary licences and authorisations under national law. Uber had argued it was protected by the freedom to provide services guaranteed by EU law for information society services.

Advocate General Szpunar observed that the drivers do not pursue an autonomous activity independent of the Uber platform. On the contrary, their activity exists solely because of the platform. He said Uber imposes conditions on, and financially rewards, the drivers, exerts control over the quality of the drivers’ work, and effectively determines the price of the service. He said the service amounts to the organisation and management of a comprehensive system for on-demand urban transport.

The case, Asociación Profesional Elite Taxi v Uber Systems Spain, SL (Case C-434/15), involved a challenge by Elite Taxi against Uber for alleged unfair competition. Elite contended that neither Uber nor the owners or divers of the cars had the licences and authorisations required under the City of Barcelona’s regulations on taxi services.

The Uber app allows people to connect with nearby drivers using an app. When the driver accepts a trip, the app notifies the potential passenger and displays the driver’s profile and estimated far. The fare is automatically charged to the passenger’s bank card.

In October 2016, an employment tribunal held that Uber’s drivers are workers, and thus eligible for holiday pay, the minimum wage and other rights. Uber had argued that it was a technology firm and the drivers were self-employed contractors.

Categories: Legal News , Employment
printer mail-details

MOVERS & SHAKERS

Bell Yard Kysen—Liz Giles

Bell Yard Kysen—Liz Giles

Bell Yard Kysen appoints senior legal PR and ex-government communications adviser, Liz Giles

Clarke Willmott—Lee Edwards

Clarke Willmott—Lee Edwards

Clarke Willmott boosts Southampton commercial property team with addition of partner Lee Edwards

Lime Solicitors—four promotions

Lime Solicitors—four promotions

Lime Solicitors announces four promotions

NEWS
The Attorney General, Ellie Reeves KC MP, and Solicitor General, Andy Slaughter KC MP, marked the 25th anniversary of Pro Bono Week by joining lawyers, charities, students and parliamentarians at events celebrating voluntary legal work
An indemnity costs battle with a £20m gap could reopen an important question: what weight should an approved budget carry?
The Environment Agency can prosecute offences beyond environmental legislation where proceedings support its statutory functions, the Divisional Court has confirmed
Should a conviction stand when a later ruling reveals that the law underpinning it was wrong? The answer exposes a clash between finality and justice
Witness evidence can be compromised by AI before a solicitor sees the draft, leaving safeguards focused on authorship incomplete
back-to-top-scroll