Currently in a kind of legal void in many member states of the European Union, for calling itself a digital service, and not a traditional passenger transport service, Uber has just suffered a serious setback, in European judicial instances, when to its claims.
According to a decision issued today by the Court of Justice of the European Union, Uber cannot be considered a simple digital application, but rather a “transport service”, identical to taxis. Judgment that, although still subject to appeal, brings new implications for the way in which the US multinational currently operates in Europe.
It should be remembered that Uber has always claimed, even before European judicial bodies, that it was a mere digital service, intended to make the connection between private drivers and customers who needed transport. An interpretation that placed the company on the sidelines of what is the traditional interpretation relating to transport companies.
However, after examining the case, the judges of the European Court of Justice ended up deciding against the understanding of the American company, justifying their decision with the argument that “the main activity is the transport service”.
Catalan Elite Taxis on the basis of the complaint against Uber
The assessment of Uber's legal situation in the European Union, by the European Court of Justice, followed a complaint from the Catalan taxi company Elite Taxi. The decision now taken may have serious implications for the company's operations.
However, in statements to the British Autocar, a spokesman for Uber denied that this sentence could have any repercussions on the activity, guaranteeing that “it will not change the way we already operate in many of the countries of the European Union, where we operate. it already takes place under the transport legislation”.
Uber has "decisive" influence on conductors
Moreover, the Court of Justice of the European Union also highlighted, in its ruling, that "Uber exerts a decisive influence on the conditions under which drivers, who work with it, operate", thus underpinning a decision of the Central Court for the London employment, according to which, because of their link to the company, drivers should be considered as employees of the company.
Earlier this year, the body responsible for most aspects of the transport system in the English capital, called Transport for London, considered Uber “incapable and not qualified” to hold an operator license for private rental vehicles. Reason for which he announced that he would not renew the authorization for the company to continue operating in Greater London.
Uber, however, has already appealed this decision, and is currently awaiting the outcome.