Ruling on April 10, 2018
Authority: Court of Justice of the European Union
Parties: Uber France SAS
Subject: Member states can impose sanctions upon entities carrying out (transportation) services that may fall under forthcoming new EU regulations without prior notice towards the European Commission in charge of designing new regulations that are to govern these transportation services?
Summary of facts: Uber France offers services through their app UberPop, which enables private drivers using their own vehicles, to come into contact with customers in order to provide a service. Uber France sets the tariffs, collects payment and creates the proper documentation for payment. Uber France is being sanctioned for setting up this system which is in violation of the law. According to Uber France their prosecution is based on laws which fall under EU Regulation 98/34/EG. This regulation obliges member states to notify the Commission of such laws which can effect the services in the information society. If the member state fails to do so, the law cannot be invoked against private entities. The French courts have put the laws before the European Court of Justice in order to ascertain if the French national law which imposes the sanctions of Uber fall under the scope of EU Regulation 98/34/EG.
Legal question: Can member states sanction the services rendered in the transport industrie when the are rendered in the manner in which Uber does, without notifying the Commission in charge of creating legislation under which these services can fall?
Ruling: If a service does not fall under the scope of Regulation 98/34/EG concerning information procedures and their regulation of norms and technical requirements, then the notification requirement as stated within that regulation is not applicable to the member state when they impose sanctions on that service. In this case member states can sanction the transportation activities without prior notice to the Commission.