Uber is banned in Germany
Verdict: District court bans Uber in Germany - cars continue to drive anyway
The Regional Court of Cologne issued an injunction in July. Again WDR reported that the court at that time sent the order, which was issued on the basis of a lawsuit by a Cologne court company, to the European headquarters in Amsterdam. But Uber did not want to know about the ruling and therefore let the cars continue to drive. Because in contrast to a court judgment in a lawsuit, an injunction only applies when the other side has received it.
Uber in Amsterdam refused to accept it because the document was written in German. A Dutch translation was only prepared and sent at the end of September. Nothing is known about their whereabouts. A spokesman for the transport service was quoted as saying "We have no information on this".
Multiple competition violations
But now the legal dispute has entered the next round: The Frankfurt Regional Court has also banned Uber. The mediation of trips to rental car companies through the application Uber is anti-competitive, so the Chamber of the District Court. The court found various competition violations in Uber's business model.
For one thing, Uber lacks its own rental car license. In the present case, however, this is necessary for the transmission of journeys to rental car drivers. "From the passenger's point of view, Uber provides the service itself and is therefore an entrepreneur within the meaning of the Passenger Transport Act," said the presiding judge. Uber appears to be the provider of the transport service through its advertising to customers. In addition, Uber select the specific driver and determine the price.
Violation of the obligation to return
"Uber has also violated the obligation, according to which rental cars may only carry out transport orders that have previously been received at the headquarters of the rental company," said the court. The suing taxi association had proven through two test drives that drivers of rental cars had accepted orders via the Uber app without first answering the transport request on the entrepreneur's smartphone. Uber calls on the rental car companies to comply with the legal rules. The board found that Uber had not adequately checked the rental car companies.
Effect of the judgment
The prohibition of driving brokerage by Uber, which was pronounced in today's judgment, is effective immediately. The Frankfurt am Main regional court has not granted a conversion period. Uber had to reckon with a prohibition because of a previous warning and other legal proceedings. The judgment of December 19, 2019 (Ref .: 3-08 O 44/19) is not final. It can be challenged with an appeal to the Higher Regional Court in Frankfurt am Main.
A spokesman for the company wrote on Twitter: “The LG Frankfurt examined our placement process in the first instance and complained about some details. We are now taking a closer look and will adjust our offer if necessary so that we can continue to be there for our users and drivers. ”The app can still be used.
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