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Another judicial defeat for Uber, again from the European Court of Justice.

Another judicial defeat for Uber, again from the European Court of Justice.
Territorial aspects April 16, 2018

Following last December’s court ruling, which responded to a consultation by Spain, in which the European Court of Justice stated that the Uber platform was not an intermediary between customers and drivers, but a main provider of the service, a further judicial setback seems to further complicate the legal fit of the application in Europe, this time in a ruling responding to a consultation by France.

The judgment states that the Member States’may prohibit and impose criminal penalties on the illegal pursuit of transport activity within the framework of the UberPOP service without first notifying the Commission of the draft law making such pursuit an offence’.

In turn, this judgment clearly states that Uber is not an’information society service’ but a transport service provider since, the court points out,’the uberPOP service proposed in France is substantially identical to that provided in Spain’ in reference to the December 2017 judgment.

The European courts therefore again point out that transport services contracted on digital platforms must be provided by licensed drivers who meet the legal requirements.

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