Uber vs France

On 10 April 2018, the CJEU C-320/16 ruled that Member States may use criminal law mechanisms to prohibit and penalize the illegal exercise of transport activities offered by the UberPop service, without notifying the European Commission of such legislation.

In the given case, the “tribunal de grande instance de Lille” (Regional Court, Lille, France) asked for a preliminary ruling on whether certain provisions of French law which apply to services such as those offered by Uber, should have been notified to the EC.

Although the central question is partly independent of how Uber’s activities are classified, the CJEU has once again pointed out that a service such as that provided by Uber should be categorized not as an ‘information society service’, but as a ‘service in the field of transport’.