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European Court of Justice, Uber service & Freedom of Establishment: Advocate General’s Opinion

The Uber electronic platform is not governed by the principle of the freedom to provide services in the context of “information society services” and that it is thus subject to the conditions under which non-resident carriers may operate transport services within the Member States (in this case, possession of the licenses and authorizations required by the Member State regulation).  In other words, the Uber electronic platform, whilst innovative, falls within the field of transport and, consequently, Uber can thus be required to obtain the necessary licenses and authorizations under national law.  The above said has been filed by Advocate General Szpunar in Case C-434/15.

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