Post by account_disabled on Dec 23, 2023 18:49:39 GMT -8
Aincompatible with the principle of free provision of services and as regards the second case EU member states are in principle free to regulate their the activity alone. The Advocate General estimates that although the national judge can determine and assess the facts the service in question is a mixed service part of it being carried out electronically and the other part not. However a mixed service can reveal the concept of service of the information society because . the service that was provided nonelectronically is economically independent from the service that was provided electronically as in the case of intermediate platforms for buying plane tickets or for booking seats in a hotel OR.
the service provider provides the full service both the part of the service Country Email List provided electronically and the part provided nonelectronically or exercises a decisive influence on the conditions of the nonelectronic provision so that the two services form an indissociable whole provided that the maindecisive element is provided electronically as in the case of selling goods online. these two conditions is met by the service offered by Uber . The Advocate General observes that the drivers who are within the Uber platform do not exercise their own activity that exists independently of this platform. On the contrary this activity could only exist through the intermediary of the platform without which it would have no meaning.
The Advocate General notes equally that Uber controls the important economic factors of the urban transport service offered within this platform. In fact Uber imposes preconditions on drivers for access to the activity financially rewards drivers who complete a significant number of routes and indicates to them the periods and routes where they can get a significant number of rides or at advantageous rates which allows Uber to adapt the offer along with fluctuations in demand without exercising a formal imposition on drivers exercise indirect control over the.
the service provider provides the full service both the part of the service Country Email List provided electronically and the part provided nonelectronically or exercises a decisive influence on the conditions of the nonelectronic provision so that the two services form an indissociable whole provided that the maindecisive element is provided electronically as in the case of selling goods online. these two conditions is met by the service offered by Uber . The Advocate General observes that the drivers who are within the Uber platform do not exercise their own activity that exists independently of this platform. On the contrary this activity could only exist through the intermediary of the platform without which it would have no meaning.
The Advocate General notes equally that Uber controls the important economic factors of the urban transport service offered within this platform. In fact Uber imposes preconditions on drivers for access to the activity financially rewards drivers who complete a significant number of routes and indicates to them the periods and routes where they can get a significant number of rides or at advantageous rates which allows Uber to adapt the offer along with fluctuations in demand without exercising a formal imposition on drivers exercise indirect control over the.