Might come down to what side of the argument the fattest Brown Envelope arrives from and that takes time up the ante..
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| EU court to classify Uber: Taxi or information company? http://www.taxi-driver.co.uk/phpBB2/viewtopic.php?f=2&t=27308 |
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| Author: | captain cab [ Mon Jul 20, 2015 9:02 pm ] |
| Post subject: | EU court to classify Uber: Taxi or information company? |
EU court to classify Uber: Taxi or information company? A Spanish judge has asked the Court of Justice of the European Union to determine what kind of company Uber is, and if Spain was allowed to ban its app UberPop. The referral to the European court was announced Monday (20 July) by Mark MacGann, head of public policy at Uber, in an online press conference. The EU's highest court will determine if Uber provides “a mere transport activity, or an electronic intermediation or information society service”. The court will rule “whether the restriction that Spain is imposing on Uber, which is incorporated as company in the Netherlands … [is] allowed; if the Uber service is able to benefit from the principle of the freedom to provide services” as guaranteed in EU law. Uber has been struggling with local and national authorities in Europe. A European ruling in their favour could change its fortune in the bloc. Its service UberPop, which allows drivers without a taxi license to sell rides, has been banned in several EU member states. Most judges have in essence argued that UberPop is providing a taxi service, and that its customers need the same safety guarantees that taxi consumers have. In some member states, like Spain and France, Uber suspended its app. Two executives of the company will face trial in France at the end of September. Uber, for its part, says “established companies” are using the EU's “patchwork of rules and regulations … to protect themselves from new and innovative services like Uber to the detriment of European consumers”. MacGann said Uber “welcomes” the referral to the court, as well as a separate decision by the European Commission to investigate a complaint by Uber against Germany. Even if the Luxembourg-based court rules Uber is a transport company, MacGann said it may still profit from rules which prohibit unfair and disproportionate limits on companies based in other EU countries (in Uber's case the Netherlands). “The decisions of the Court of Justice of the European Union and the decisions of the European Commission rarely, if ever, have the effect of closing markets or restricting competition,” noted MacGann. He said Uber expects a decision by autumn 2016. source: https://euobserver.com/connected/129709 |
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| Author: | Sussex [ Mon Jul 20, 2015 9:33 pm ] |
| Post subject: | Re: EU court to classify Uber: Taxi or information company? |
captain cab wrote: He said Uber expects a decision by autumn 2016. Why the mad rush? |
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| Author: | bloodnock [ Tue Jul 21, 2015 8:50 am ] |
| Post subject: | Re: EU court to classify Uber: Taxi or information company? |
Might come down to what side of the argument the fattest Brown Envelope arrives from and that takes time up the ante..
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| Author: | grandad [ Tue Jul 21, 2015 9:06 am ] |
| Post subject: | Re: EU court to classify Uber: Taxi or information company? |
bloodnock wrote: Might come down to what side of the argument the fattest Brown Envelope arrives from and that takes time up the ante.. What happens if, as you suggest, both sides offer substantial brown envelopes? Does the smaller brown envelope get returned which would make that side angry? Does that side then just accept that they did not bung enough or would they kick up a fuss saying that the process was flawed because there was a bribe accepted? |
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| Author: | bloodnock [ Tue Jul 21, 2015 10:00 am ] |
| Post subject: | Re: EU court to classify Uber: Taxi or information company? |
grandad wrote: bloodnock wrote: Might come down to what side of the argument the fattest Brown Envelope arrives from and that takes time up the ante.. What happens if, as you suggest, both sides offer substantial brown envelopes? Does the smaller brown envelope get returned which would make that side angry? Does that side then just accept that they did not bung enough or would they kick up a fuss saying that the process was flawed because there was a bribe accepted? Traditionally Worldwide the precursor to Final brown Envelope selection is several months of wining and dining, Seeing a show or two, free holidaying Etc...Of course this would never ever happen within such a noble group such as the esteemed EU supreme court....No way. That is why these decisions take so long, you have to ensure complete Impartiality...I'm sure the same applies here at all levels of officialdom. And yes..the losers do kick up a fuss saying they was robbed, but that's big business politics for ya. |
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| Author: | bloodnock [ Tue Jul 21, 2015 10:07 am ] |
| Post subject: | Re: EU court to classify Uber: Taxi or information company? |
grandad wrote: bloodnock wrote: Might come down to what side of the argument the fattest Brown Envelope arrives from and that takes time up the ante.. What happens if, as you suggest, both sides offer substantial brown envelopes? Does the smaller brown envelope get returned which would make that side angry? Does that side then just accept that they did not bung enough or would they kick up a fuss saying that the process was flawed because there was a bribe accepted? I think the Smaller Envelope is looked into and then slid back over the table...though that's just speculation...of course it's all a fictional notion that these happen anywhere in the world as people are much more honest and would never bow to a sweetner...not even in Fifa for example. |
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| Author: | roythebus [ Tue Jul 21, 2015 12:17 pm ] |
| Post subject: | Re: EU court to classify Uber: Taxi or information company? |
Thinking about this case logically, it's practically the same scenario that Martin Allen has been going on about for years under the s19 Transport Act. In a nutshell, the similarities are remarkable especially regarding entry level to the profession. Look at s19, Community Transport providers. No PSV drivers licence, no driver CPC, no operators licence, no class 6 annual test, no hire and reward insurance yet carrying passengers for "commercial activity". Uber, no taxi operators licence, no hire and reward insurance, no taxi knowledge test, no special drivers test... Commercial activity has been defined in an EU court case of Lundberg. Both the s19 operators and Uber gain financially from such activities, as do Uber's drivers. The hire and reward case has already been dealt with by the UK courts by Albert-v-MIB. that case, although a UK case, could be used as case law for an EU case. Maybe the way to shut down the illegal giving of lifts for money is to get the MIB on our side too. |
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| Author: | grandad [ Tue Jul 21, 2015 1:27 pm ] |
| Post subject: | Re: EU court to classify Uber: Taxi or information company? |
roythebus wrote: Maybe the way to shut down the illegal giving of lifts for money is to get the MIB on our side too. The problem is that this kind of activity is encouraged by the insurance industry. it is called car sharing. |
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| Author: | roythebus [ Tue Jul 21, 2015 4:49 pm ] |
| Post subject: | Re: EU court to classify Uber: Taxi or information company? |
Maybe, until someone who has an accident while taking money for a lift, then a smart-arse lawyer re-discovers Albert-v-MIB and the insurers wash their hands of the matter. |
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| Author: | Sussex [ Tue Jul 21, 2015 7:38 pm ] |
| Post subject: | Re: EU court to classify Uber: Taxi or information company? |
roythebus wrote: Maybe, until someone who has an accident while taking money for a lift, then a smart-arse lawyer re-discovers Albert-v-MIB and the insurers wash their hands of the matter. That's what it's going to need, a rather nasty maybe fatal accident, sadly. 
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