Ruling on January 15, 2019
Authority: Court of Amsterdam
Parties: FNV / Deliveroo
Subject: Meal delivery by Deliveroo's deliverers falls within the scope of the collective agreement on the carriage of goods by road.
Summary of facts: Deliveroo maintains a digital platform on which independent restaurants offer meals that consumers can order via that platform. The FNV claims a declaratory judgment that Deliveroo falls within the scope of the Collective Labour Agreement for Professional Goods Transport. FNV states that Deliveroo's business activities fall within the scope of the CAO now that meals are goods, delivery by bicycle, e-bike or scooter which is transport by road and Deliveroo receives a compensation for delivery. Deliveroo argues that the delivery of meals by Deliveroo does not qualify as professional goods transport as it is mainly delivered by non-motorized vehicles and since it does not conclude transport contracts as referred to in Book 8 of the Dutch Civil Code.
Legal question: Does Deliveroo fall within the scope of the collective agreement for the carriage of goods by road for hire or reward?
Ruling: Deliveroo, as a company, falls under the scope of the provisions of the CAO, and must comply with these provisions (with retroactive effect) towards the deliverers.