Ruling on December 20, 2017
Authority: Court of Justice of the European Union
Parties: Professional Association Elite Taxi / Uber Systems Spain SL
Subject: The services provided by Uber can be classified as a "transport service" within the meaning of Article 58 (1) of the Treaty on the Functioning of the European Union.
Summary of facts: A professional association of taxi drivers from Barcelona petitions the Spanish court to ascertain if the activities of Uber Systems Spain are misleading and constitute unfair trade practices. The merit of this petition according to the association is found in the fact that Uber nor its drivers or vehicles have any licensing or permits and therefore are in violation of the municipal laws governing the taxi market in Barcelona. The Spanish court has asked the European Court of Justice if the services of Uber must be seen as an ‘information society service’ or as a ‘service in the field of transport’. In the former case, national governments can not give regulate the service in the same degree as is the case when the services of Uber are seen to be the latter.
Legal question: How should the services of Uber be seen? As an ‘information society service’, a ‘service in the field of transport’ or a combination of both?
Considerations: In the present case, the referring court declares that the service in question in the main proceedings, through an electronic platform, is intended to connect, in exchange for remuneration, potential guests with professionals or non-professional hosts who offer short-term accommodation services so that the former can book accommodation.
Ruling: The services provided by Uber must be seen as 'services in the field of transport'. Member states can regulate the conditions under which these services can be rendered.