17. 1. 2018

UBER is not considered (only) a digital platform

As we wrote in February’s issue, the European Court of Justice (ECJ) dealt with the preliminary question of whether UBER should be classified as a transport company or a digital platform. In December 2017, the ECJ ruled that UBER’s services are to be classified as transport services.

 

The decision is ground-breaking since it means UBER and other companies, which provide transport services through applications or other platforms, will have to fulfil the same conditions and be subject to the same administrative procedures and oversight as other transport companies operating in Member States. As a result, not everyone will qualify to drive for UBER. Drivers offering UBER services will have to fulfil all conditions set down under a Member State's transportation and employment legislation.

 

This decision will most likely affect other “gig-economy” companies, i.e. companies offering other economic services through mobile/web applications, such as postal, accommodation, and cleaning services.

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