Uber: ¿transportista o intermediaria en el transporte? el caso español.

This paper analyses whether Uber is a contractual carrier or an intermediary in the passenger transport sector, according to Spanish regulations. For that purpose, it examines the main decisions that national courts have ruled upon their activity, as well as the opinion of the Advocate General in Ca...

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Bibliographic Details
Main Author: Boboc, Silvia
Format: Article
Language:Spanish
Published: 2017
Subjects:
Online Access:https://dialnet.unirioja.es/servlet/oaiart?codigo=6258549
Source:Revista de estudios europeos, ISSN 2530-9854, Nº. 70, 2017 (Ejemplar dedicado a: Economía colaborativa), pags. 7-26
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Summary: This paper analyses whether Uber is a contractual carrier or an intermediary in the passenger transport sector, according to Spanish regulations. For that purpose, it examines the main decisions that national courts have ruled upon their activity, as well as the opinion of the Advocate General in Case C-434/15. It analyses the concepts of carrier and intermediary in road passenger transport, mainly in national regulations, but also at the infra-State level, and raises the possibility that intermediation in the transport of passengers by road has been liberalized. Finally, it contains an evaluation of Uber’s services and it argues that Uber should be classified as a contractual carrier.