The Commercial Court declined jurisdiction for obstructing the controversial service Uber. Taxis are crying “injustice”
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Article (s) associated (s)
The between private transport service developed by Uber under the name UberPOP is illegal, but the Commercial Court of Paris can not ban it. This is, in essence, the meaning of the decision last Friday by court judges, who revived the anger of taxis. Several associations have asked drivers to block access Monday morning in the capital, calling for 5 hours in a “great mobilization” around Roissy -in heading north and east of Paris and Orly – south, and west side of the Porte de Saint-Cloud. A procession should also says AFP, leave Roissy around 7:30 and headed for the place Vauban in the seventh arrondissement of Paris.
The Commercial Court was brought by passenger vehicle operators with driver (VTC) and Transdev LECAB for UberPOP violation of Article L 3124-13 of the Code of transportation. According to this text, “is punishable by two years imprisonment and a 300,000 euros fine makes organizing a client matchmaking system” with drivers who engage in benefits road transport of persons for remuneration, “without being either trucking companies (…) or taxis (…) or transport cars with driver “. The plaintiffs claimed the court outright ban UberPOP -a decision until recently in Spain and the Netherlands – with a fine of 250,000 euros per day for non-performance. But the court held that the unfair competition arising from a breach of the code of Transport, it falls to criminal penalties. The judges therefore refused to compensate the government supposed to enforce the law.
Convictions drivers
The paradox of this decision is that the activity of non-professional drivers loading passengers is indeed illegal property: as confirmed by a judgment of the court in October on which Uber appealed, and as evidenced by the first convictions in immediate appearance drivers registered with the UberPOP application to Lyon and Bordeaux .dropoff window According to the Lyon newspaper “Le Progres” fifteen drivers were arrested in the capital of the Gauls and the first three drivers presented in criminal court were sentenced to fines ranging from 500 to 1,500 euros, knowing that undeclared work and illegal practice of the taxi trade is liable to three years imprisonment and a 45,000 euro fine.
The Californian company does not dispute the fact of violating the law, but she says that this text is unconstitutional and contrary to the EUROPEAN regulation. So the challenge for all is to gain Uber time to impose its views. The prospect of entering the criminal justice clearly gives him. Hence the reaction reported by AFP Thibaud Simphal, CEO of Uber France, who believes that “today’s decision is very positive” that ” UberPOP can continue “.
Two rejected QPC
However, the court rejected two questions priority of constitutionality (QPC) and a question for the European Commission on which Uber had to disqualify the text put forward by its competitors.
The Commercial Court has also transmitted to the Court of Cassation asked by a QPC Uber on an article on the odometer tarifage Thévenoud law passed in mid-September to regulate competition between taxis and private cars with driver (VTC). The legal battle has not finished. But by refusing to ban UberPOP, the Commercial Court bringing governments to account. Taxis them cry to “injustice” .
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