The U.S. ride service provider Uber is not allowed to take his previous limousine Service Uber Black in Germany. The Federal court of justice has ruled that Uber is in breach of German laws for the car rental business.
The company is therefore not a pure intermediary and could not invoke the European freedom to provide services. Because it is a take when the limousine Service has a crucial role.
the lawsuit filed by the Berlin taxi entrepreneur Richard Leipold, was successful. Leipold complained that Uber car hire App drivers in Germany transmits orders, directly, determines prices and settles, but the car rental business prescribed rules disregarded.
protection of the taxi trade
must return the rental car in accordance with the German passenger transport act, according to a travel to your company headquarters, so they have a so-called return to duty. Also reserved seats in the inner cities, there is not a rental car. The taxi industry is to be protected, the need to drive in return to fixed Rates and also unprofitable promotions is not allowed to reject.
It may be performed with a rental car only driving orders, which are initially received at the registered office of the company. Taxi drivers may not accept, however, orders directly from the passenger.
In the case of Uber Black could order customers via an App on a rental car. A free driver in the vicinity received about Uber then the driving order. The company gave the conditions and handled the payments.
The European court of justice (ECJ) had ruled last December that Uber offer falls under the transport services and not under the freedom to provide services. Thus, it is a matter for the member States to regulate the terms and conditions.
The U.S. ride service provider, which has its European headquarters in the Netherlands, according to his spokesperson, the business model of Uber Black in 2014. The new offer, keep in mind all the rules, as the speaker. In spite of the setting of the limousine car service, the company had fought before the Supreme court, the admissibility of Uber Black.