OPINION OF ADVOCATE GENERAL

SZPUNAR

delivered on 11 May 2017 (1)

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Case C‑434/15

Asociación Profesional Elite Taxi

v

Uber Systems Spain SL

(Request for a preliminary ruling from the Juzgado de lo Mercantil No 3 de Barcelona (Commercial Court No 3 of Barcelona, Spain))

(Reference for a preliminary ruling — Services in the internal market — Passenger transport — Use of IT tools and a smartphone application — Unfair competition — Requirement for authorisation)

Introduction

1. Although the development of new technologies is, in general, a source of controversy, Uber is a case apart. Its method of operating generates criticisms and questions, but also hopes and new expectations. In the legal field alone, the way Uber works has thrown up questions concerning competition law, consumer protection and employment law, among others. From an economic and social standpoint, the term ‘uberisation’ has even emerged. This request for a preliminary ruling therefore presents the Court with a highly politicised issue that has received a great deal of media attention.

2. The subject matter of this case is, however, much narrower. The interpretation that the Court has been asked to provide must serve only to ascertain where Uber stands in terms of EU law, in order to determine whether, and to what extent, its functioning falls within the scope of EU law. The main issue is therefore whether possible rules on how Uber operates are subject to the requirements of EU law, in the first place those relating to the freedom to provide services, or whether they fall within the scope of the shared competence of the European Union and the Member States in the field of local transport, a competence which has not yet been exercised at EU level.

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