Thursday, June 9, 2016

Uber picks up in court – Liberation

The troubles come and go and do not look for Uber in France. After the prosecution by Urssaf to reclassify its drivers as employees, convictions in court continue to rain for the application of American urban transport, now valued at over $ 60 billion after the recent investment of $ 3.5 billion the sovereign fund of Saudi Arabia. As expected, the “unicorn” California (these unlisted traded companies worth over 10 billion dollars) was sentenced Thursday in Paris to a heavy fine of 800 000 euros, half suspended – that is to say, payable if the company was the subject of a new conviction within five years – for his controversial transport service between UberPOP individuals. A service suspended for nearly a year by the American giant in France. As usual, the company now broken the legal disputes reported to “immediately appeal” of this judgment, which will have the effect of suspending the application of the death.

Already convicted of deceptive trade practice for presenting his service as “urban carpooling” in “perfect bad faith” in righteousness, and condemned as such to 150 000 euros fine, Uber this time was continued under the Thévenoud Act of 1 October 2014. it is based on this text, which exclusively reserves the transportation of people to taxis and VTC that the court sentenced Uber for complicity in the illegal practice of taxi profession, and especially “illegal organization of a customer matchmaking system” with non-professional drivers. The court ordered the release on the site of Uber judicial release disclosing the conviction.

Two company officials in the hexagon, the director of Uber for Europe West at the material time, Pierre-Dimitri Gore-Coty, and the CEO of Uber France Thibaud Simphal, have been fined respectively 30 000 and 20 000 euros fine, half also suspended. The Paris court has however not pronounced against them the ban management for five years claimed that the prosecution, which had also required one million euro fine against Uber France.



a damning judgment Uber

crushing for Uber, judgment Weeder “repeated violations and sustainable” committed by the defendants, which led to a “sustainable disorganization” in the sector, as well as demonstrations of enamelled taxis “incidents on public roads of a certain gravity.” this is the name of the “violence” and to preserve the safety of its drivers qu’Uber had finally abandon its UberPOP Service July 3, relying on the decision of the constitutional Council, which had finally validate Thévenoud law – and thus the prohibition of UberPOP. – in September 2015

Uber has “prompted a large number of people to start a business that led them to convictions,” still stresses judgment. The 38 plaintiffs, including several taxi unions, demanded a total of 114 million euros in damages for the pecuniary and 5.2 million for moral damages. But as none of the complainants has has been able to prove their declining revenues – because of unfair competition and cheap to UberPOP – by accounting documents, all claims for injury equipment were dismissed.

however, the court retained the pecuniary damage, arguing that the defendants “denied taxis constraints and specific requirements of their profession” , such as training and the obligation to provide a payment terminal. Under this non-pecuniary damage, it awarded amounts in the tens of thousands of euros.

One of the lawyers for the civil parties, Mr. Jean-Paul Levy, welcomed a “founding decision” that stigmatizes the attitude of Uber, “contrary to public policy and economic and social order. It is also a dismantling of the whole building set up by Uber to try to conceal the criminal liability of each other, “ he added, referring to the very specific responses of the court the arguments of the defense, which were to say that the criminal liability of those accused could not be accepted.

sector hopes could soon be showered

the US company believes that this decision has no impact on the activity of pecuniary Uber France. And in order to demonstrate the economic and social value it has today acquired the hex, it amounts to 12 000 professional drivers and 1.5 million customers of its platform business in France. But “The debate on transport demand between individuals continue in France,” trusts Uber, which highlights the fact that the European Commission “just published guidelines that encourage innovation in the sector. “ a vague enough term and has no legal value this time to allow all interpretations.

the eyes are now turned to Heetch. This other application created by French and that connects drivers and individuals for trips made between 22 hours and 5 am must go from June 22 next trial. His trial could earn him the same qu’UberPOP ban for illegal exercise of the profession of taxi and spell the end of hopes of the promoters of this new mode of transportation much different alternative priced carpool, in which the driver is not the customer that decides the destination.

Christophe Alix

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