Skip to main content

European Court of Justice rules Uber as a Transport service

The European Court of Justice has ruled against Uber, concluding it to be a transport service, which will require it to have stricter regulation and licensing as a taxi operator within the EU. The decision follows a challenge presented by taxi drivers in Barcelona who were seeking a declaration from a court in 2014 that activities of Uber Systems Spain, amounted to misleading practices and acts of unfair competition.
December 22, 2017 Read time: 2 mins
The European Court of Justice has ruled against 8336 Uber, concluding it to be a transport service, which will require it to have stricter regulation and licensing as a taxi operator within the EU. The decision follows a challenge presented by taxi drivers in Barcelona who were seeking a declaration from a court in 2014 that activities of Uber Systems Spain, amounted to misleading practices and acts of unfair competition.


In its judgement, the court ruled that “an intermediation service such as that at issue in the main proceedings, the purpose of which is to connect, by means of a smartphone application and for remuneration, non-professional drivers using their own vehicle with persons who wish to make urban journeys, must be regarded as being inherently linked to a transport service and, accordingly, must be classified as ‘a service in the field of transport’ within the meaning of EU law.”

“It follows that, as EU law currently stands, it is for Member States to regulate the conditions under which such services are to be provided in conformity with the general rules of the Treaty on the functioning of the EU.”

Additionally, the court stated that Uber's services were more than intermediation as it was indispensable for drivers and passengers who want to make an urban journey. It also pointed out that the company exercises decisive influence over the conditions under which the drivers provide their service.

More information is available %$Linker: 2 External <?xml version="1.0" encoding="utf-16"?><dictionary /> 0 0 0 link-external here false https://g8fip1kplyr33r3krz5b97d1-wpengine.netdna-ssl.com/wp-content/uploads/2017/12/uber-ecj-press-release.pdf false false%>.

Related Content

  • February 5, 2019
    Uber suspends Barcelona service after new regulations introduced
    Taxi-hailing giant Uber is suspending its service in the Spanish city of Barcelona. The move comes after new regulations were passed by local authorities, according to Reuters. The company started its UberX service in the city last year. But from now on, passengers using ride-hailing services will have to wait at least 15 minutes after booking a ride before they can be picked up – thus negating one of the key selling points of companies such as Uber. Speed and convenience – as well as cost – are w
  • September 18, 2019
    Uber: AB5 ‘does not automatically reclassify’ drivers
    Business life may be about to get trickier for transportation network companies following the passing of a new law in California which aims to give gig economy workers more rights. Assembly Bill 5 (AB5), which is due to come into effect in January next year, says that “a person providing labour or services for remuneration shall be considered an employee rather than an independent contractor” - unless three points are proved. One, that “the hiring entity demonstrates that the person is free from the con
  • May 11, 2017
    EU court rules Uber must be regarded as a transport company
    A ruling by an representative of the Court of Justice of the European Union has dealt a potential blow to ride-hailing company Uber, saying it is not merely a digital enabler but provides a transport service, which means it must be licensed in order to operate.
  • February 14, 2019
    Ride-hailing and taxi drivers could face tougher criminal checks in England
    Drivers who ply their trade on apps such as Uber could be under greater scrutiny as part of proposals being put forward by the UK government. The potential risk to passengers from the explosion of ride-hailing apps, as private-hire drivers are perceived to receive less thorough vetting – for example, to flag up past convictions – has long been argued. Incidents such as the murders of passengers by a Didi driver in China heightened such concerns - although critics point out that a US Uber driver who ad