Important stage win for the taxi-competitors Uber: The District Court of Frankfurt has lifted its injunction in August. The company from California must continue to offer its service in Germany so.
With an urgent decision, the Regional Court Frankfurt hatt taxi service Uber firstonce stopped. On Tuesday, the court advised again about the case – and lifted the injunction. Siezwar was in the thing was lawful, the court ruled. But there is no reason to dispute do it by express decision. Thus, the Californian company may continue to mediate in Germany about the service UberPop passengers to private drivers.
The cooperative taxi Germany had obtained that the Californian company is prohibited, about his service in Germany UberPop passengers on private drivers mediate. Violators could face up to 250,000 euro fine on each way.
Uber could not explain his position
In the then fast-tracked Uber had not heard. The company argued that its business model is also known in Germany since at least 2013. About operates a smartphone app, available on the various vehicles and chauffeur services by private drivers. Uber is active in more than 200 cities worldwide.
The taxi industry provides in Ubers business model unfair competition: The hired private driver had no license under the Passenger Transport Act and not otherwise fulfilled the high, mostly expensive editions of the taxi trade. Germany Taxi also operates a smartphone app for switching cab rides.
“The parties are competitors”
At the hearing, the presiding judge referred to provisions of the Passenger Transport Act. “We as a court must take into account the current legislation and the corresponding jurisprudence” The chamber was unchanged believes: “The parties are competitors.” Uber keep one as a commission from the fare.
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Over evaluates the mediated rides as carpool. A report by the constitutional law expert and former Defense Minister Rupert Scholz reiterate this. Scholz certify therein, Uber was “no transport contractor within the meaning of the Passenger Transport Act” that it was “the mediation of occasional services”, similar to car sharing.
Judges Kurth commented on the report: “Not every opinion, which was written by a high school teacher, is automatically liable to influence the law, as it may be desired.”
Despite Court swatter: Uber wants to just go ahead
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