Date
3 July 2017

Tag

Active

Country
France France
Geographical scope
National
Type
  • Type

    Regulation of passenger transport

    Legal
View Court ruling

Description

The county court of Lille (tribunal de grande instance de Lille) requested the Court of Justice of the European Union to provide a preliminary ruling. Advocate General Szpunar’s assessment started by referring to his earlier published opinion on Uber Spain (C-434/15), mentioning in specific how ‘composite services’ should be approached. The Advocate General concluded that European Union Member States, like France, can legally prohibit and criminally punish unlicensed transport activities, such as those facilitated by UberPop, without needing to inform the European Commission beforehand about the relevant draft law.

The case arose from criminal proceedings in France against Uber France. The company was accused of organising a system connecting customers with non-professional drivers for paid transport using the UberPop service, which is illegal under French transport law as the drivers lack necessary authorisations.  

Uber France argued that the French law used against it was a "technical regulation" directly concerning an "information society service" (the app connecting drivers and users). According to EU Directive 98/34, such draft regulations must be notified to the Commission before becoming law. Since France did not notify the Commission, Uber contended the law could not be enforced against it. A French court referred the question to the Court of Justice of the European Union (CJEU).  

AG Szpunar gave two main reasons for his opinion that prior notification was unnecessary:

He reiterated his view from the Uber Spain case that services like UberPop fall within the field of transport, not information society services. Therefore, the directive requiring notification does not apply. Alternatively, even if UberPop were considered an information society service, the French law in question would not qualify as a 'technical regulation' under the directive. This is because the law's specific aim is to regulate the transport activity itself (ensuring drivers are licensed), not the electronic intermediation service (connecting drivers and passengers). It only affects the information society service incidentally, not in a targeted way that would trigger the notification requirement. The AG cautioned that classifying any national law punishing intermediation in illegal activities (often done electronically) as a technical regulation would unduly expand the notification obligation beyond its purpose of ensuring internal market compatibility.

Case C-320/16 Uber France SAS

Opinion of Advocate General Szpunar


Additional metadata

Keywords
platform characteristics and business model, sector aspects, competition, lobbying
Actors
Court
Sector
Transportation and storage
Platforms
Uber

Sources

Citation

Eurofound (2017), AG opinion: France can regulate UberPop without EU notice (Court ruling), Record number 4036, Platform Economy Database, Dublin, https://apps.eurofound.europa.eu/platformeconomydb/-ag-opinion-france-can-regulate-uberpop-without-eu-notice-94980.