In a landmark judgment dated 12 December 2019 in which GOLDWIN SOCIETE D’AVOCATS (Maître Jonathan BELLAICHE, Partner and Maître Olivia ZAHEDI, Avocat counsel) represented a central taxi booking office, the Paris Court of Appeal ruled that:
– The UBERPOP service is unlawful and must give rise to compensation for damage suffered by T3P (private public transport) professionals.
– The provisions prohibiting electronic marauding are applicable in France and their violation by UBER constitutes unfair competition.
– The abusive use of LOTI status by UBER has finally been recognised and condemned
– The Commercial Division of the Court of Appeal has ruled that UBER drivers are not employees
Consequently, the Paris Court of Appeal ruled :
– Held that the UBER companies had committed acts of unfair competition in operating the UBERPOP service, through the practice of electronic marauding and the use of drivers operating under the LOTI status
– Ordered the companies 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 highway while awaiting a reservation unless they can justify another prior reservation
Here’s what the press had to say about it:
