unpleasant surprise
for
UBER drivers.
unpleasant surprise
for
UBER drivers.
from
The ride-sharing service Uber is not exactly having an easy time in Germany at the moment, but this is due to its business model, which is incompatible or difficult to reconcile with current German law.
The ride-sharing service Uber is not exactly having an easy time in Germany at the moment, but this is due to its business model, which is incompatible or difficult to reconcile with current German law. While Uber can probably afford the legal disputes, it can hit the individual Uber driver hard. With this in mind, you should think carefully about your commitment to Uber in Germany.
Courts on Uber in Germany
A ban on the operation of Uber in Hamburg and Berlin was confirmed by the Hamburg Higher Administrative Court and the Berlin Administrative Court respectively. The Regional Court of Berlin and the Regional Court of Frankfurt am Main consider Uber to be anti-competitive, even though the Regional Court of Frankfurt am Main subsequently overturned its decision due to a lack of urgency. So far, the courts have had no doubts that Uber’s offer is illegal in its current form. Uber is now trying to lobby for an amendment to the law in order to save its business model in Germany and will not shy away from going through the courts.
But what actually happens to the Uber drivers who offer their services via Uber?
On the one hand, according to media reports, e.g. in the ZEIT and HR , Uber’s contractual conditions do not appear to be particularly favorable for Uber drivers. In particular, insurance issues relating to the transportation of passengers in private cars can lead to considerable risks for Uber drivers.
On the other hand, Uber drivers are now also threatened with legal action under competition law by competitors, in particular cab drivers, for whom Uber is a thorn in their side. For example, the Regional Court of Frankfurt am Main issued rulings on September 8, 2014 ( Ref. 2-06 O 318/14 ) and 11.09.2014 (ref. 2-03 O 342/14) and the Regional Court of Hamburg issued temporary injunctions against drivers who had transported passengers via UberPop in a ruling dated 30.09.2014. With a value in dispute of EUR 10,000, the respective Uber driver will incur not inconsiderable costs for cease and desist letters and court proceedings, which can quickly amount to several thousand euros. In most cases, this is likely to exceed the existing earnings potential with Uber.
Conclusion
People who transport passengers through Uber currently face a variety of legal consequences, including very costly ones. Against this background, users should think very carefully about whether they want to take this risk. In the event of a legal dispute, Uber drivers are likely to lose out due to the clear case law to date. For cab drivers, on the other hand, competition law offers the opportunity to hit Uber where it hurts, namely its users.
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advise you about
Competition law!
