Friday, May 22, 2015

Uber: the Constitutional Council banned the marauding – Le Figaro

While the Californian giant challenged several provisions of the law Thévenoud the Sages held that the prohibition for VTC to practice “electronic marauding” was indeed constitutional. However, they have decided in Uber on pricing.

The decision was eagerly awaited. In the Uber file, the passenger matchmaking service with passenger cars with driver (VTC), the Constitutional Council voted today on the three priority issues constitutionnalités (QPC) he had examined earlier this month. The nine Sages examined the prohibition of geolocation of vehicles before booking, the obligation to return the VTC to their original point between two races, and the prohibition for VTC to base their rates on the basis of time and trip distance. This last detail, the counter “horokilométrique” being reserved for taxis far.

The California company contested the legal monopoly of taxis on the “marauding”, which is to park and circulate to the Research clients. This “quest” was confirmed in its ban by the Constitutional Council. Taxis Bleus opinion “that in rejecting the applications Uber on parking arrangements and location of the VTC, the Constitutional Council said stop the practices of the Uber society trying to circumvent the law by launching numerous Legal Proceedings (. ..) rather than contribute to changing the legal framework for taxis and VTC activities in the consultation. ” For its part, Thibaud Simphal, the CEO of Uber France recalls that “a decision of the Court of Appeal on the subject must be done and that this will also depend on the proceedings before the European Court against the law Thévenoud “. The European Commission has asked France to explain.

The great victory for Uber is on pricing. For Thibaud Simphal, this is a “new victory for the VTC and that this decision undermines the Thévenoud law. We just spend free enterprise. ” With this judgment, Uber is now free to offer tariffs placing his choice indeed, and hybrid taxis on an equal footing. Taxis Bleus greet “those decisions that will help stabilize the legal framework between taxis and VTC.”

The two sides meet on the “back to basics”, the Sages have established a principle of equality between parties. Between two races, a driver must necessarily return to the garage between two breaks. The novelty lies in the fact that this decision will also apply to taxis when they are not in their parking area.

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