Written answers
Thursday, 1 June 2017
Department of Transport, Tourism and Sport
European Court of Justice Rulings
Niall Collins (Limerick County, Fianna Fail)
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217. To ask the Minister for Transport, Tourism and Sport his views on a CJEU opinion (details supplied). [26421/17]
Shane Ross (Dublin Rathdown, Independent)
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The CJEU case C-434/15 referred to by the Deputy centres on the classification of services provided by Uber under EU law. The Advocate General issued his Opinion in the case on the 11 May last. He concluded that the service offered by the Uber platform must be classified as a 'service in the field of transport' which is regulated by the law of Member States, and it follows from that interpretation that Uber's activity is not governed by the principle of the freedom to provide services in the context of 'information society services'.
The Opinion of the Advocate General is in line with Ireland's position as presented at the Oral Hearing in this case. Ireland's position is that Uber services are services in the field of transport and the ability of Member States to regulate such services must be maintained with a view to ensuring public safety and consumer protection. Uber and other taxi app companies providing such services in Ireland are licensed as Dispatch Operators by the National Transport Authority.
I understand that the Opinion of the Advocate General is not binding on the Court. The judgment of the Court in this case will be given at a later date.
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