Major development in the preliminary ruling case of the European Court of Justice regarding the UBER’s service.
Advocate General Szpuner took the view that UBER’s service shall qualify as a transport service, therefore the national rules regulating the taxi drivers shall also be applicable to UBER.
Details in a nutshell: According to the advocate general, first it should be established whether UBER’s service qualifies as information society service, or it falls under the scope of transportation services regulated by member states. Based on the opinion of the advocate general, UBER’s service does not qualify as information society service. Firstly, the service provided through the application is not independent from an economic perspective from the transport service (for example: deciding on prices, excluding the drivers etc.). Secondly the two separate activities are controlled by separate persons (developing the application, service vs. personal transport). As a result UBER’s services should qualify as transport service.
Therefore, it is also possible, that the UBER shall meet the same requirements as the taxi drivers. For example acquiring licenses and painting the cars yellow, could also be required from UBER drivers.
The motion of the attorney general has no binding effect on the European Court of Justice, which have the final say in the matter.