Uber: Trial postponed to March 13, 2020 - Cabinet GOLDWIN - Avocat Paris
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Uber: Trial postponed to March 13, 2020

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Uber: Trial postponed to March 13, 2020

In a landmark decision dated December 12, 2019, in which GOLDWIN SOCIETE D’AVOCATS (Maître Jonathan BELLAICHE, Partner and Maître Olivia ZAHEDI, Counsel) represented a cab reservation center, the Paris Court of Appeal ruled that:

– UBER operates a transport service and not a platform for putting people in contact with each other – The UBERPOP service is illegal and must be compensated for the damage caused to the T3P (private public transport) professionals

– The provisions prohibiting electronic marauding are indeed applicable in France and their violation by UBER constitutes unfair competition

– The abusive use of the LOTI status by UBER has finally been recognized and condemned

– UBER drivers are not employees for the Commercial Chamber of the Court of Appeal

Consequently, the Paris Court of Appeal has in its decision :

– Declared that the UBER companies have committed acts of unfair competition for the operation of the UBERPOP service, through the practice of electronic marauding and the use of drivers operating under the LOTI status

– Ordered UBER FRANCE, UBER BV, and UBER INTERNATIONAL BV to cease encouraging drivers to circulate on the public highway in search of customers and to encourage drivers not to return to their base or to a place located off the road while waiting for a reservation unless they can prove that they have another reservation in advance

 

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