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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Format: | Article |
Language: | Spanish |
Published: |
2017
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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. |
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