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After Belgium, Nevada, New Delhi and the Netherlands, came the turn of Spain. The Commercial Court No. 2 of Madrid on Tuesday ordered a precautionary measure cessation and nationwide ban Uber, the platform can offer through an application for mobile and tablets a private car as an alternative to traditional taxi. The car, not subject to appeal, estimated demand that the Madrid Association of Taxi (ATM) presented on October 7. However, Uber maintained in a statement that its “remain available to users in Spain”.
The company called the legal proceedings “highly unusual.” The statement blemish failure “incompatible” with “political recognition” in Spain and the European Union to the benefits of “collaborative economy, especially at a time of high unemployment and fragile economic recovery.”
The car, which estimates the precautionary measures proposed by the drivers until the claim is resolved, ordered “cessation throughout the national territory of the award presentation and passenger service under the name UberPop” in both its website and through its mobile application. It also requires that major telecom operators “suspend transmission, data hosting, access to networks or the provision of any other equivalent” Uber related, and that large payment institutions suspend all operations concerning the US company.
The judge set at 10,000 euros the guarantee that taxi drivers will have to deposit within three days of publication of the order to implement the measures. Clarifies that the company does not meet requirements relating to licensing and public transport fares and therefore may be violating the Unfair Competition Act. Reveals “an activity that infringes the legal rules very clearly in a regulated industry” and extends up across Spain by “the nature of commercial service provided Uber, cross-border vocation, his willingness to take sequentially market passenger moment without meeting the administrative requirements “
The business structure Uber further worsens their position as” operates from the American tax haven of Delaware, and is presented as the notorious media communication, with a deliberate evocation of opacity “that” could pose a facility to be located outside the Spanish and European laws. “
The car justifies the application of these preliminary injunctions, ie issued without hearing the company, arguing that “market fluidity Internet, communication speed system Uber, a company owned by the giant Google, the location indicated in the tax haven [Delaware]” increase the risk of unfair competition . Stresses, however, that the decision avoids “a debate between freedom and cooperative economy to regulations and administrative interventionism”, which is beyond the scope of a judicial decision
The drivers must record 10,000 euros to enforce the measure
The company announced that evaluates appeal “this sudden and unusual procedure” and said it would continue “in compliance with Spanish legislation.”
The taxi industry, meanwhile, welcomed the decision of the judge. “We’re happy, it was established that these gentlemen can not exercise. Was simply forbid what is illegal, “said Felipe Rodríguez Tuesday Baeza, president of the ATM
The company is facing another complaint in a Barcelona court
Instead, counsel for the union, José Andrés Diez, qualified this satisfaction. He explained that filed the complaint last October 7 against the US parent, Uber Technology Inc, based in San Francisco. Since then, the association, which comprises more than 900 taxi drivers, has paid 2,500 euros to collect and translate into English over 300 folios who argue that the activity of the application is not permitted by Spanish law. “We have one complaint is that the Administration has not worked: neither national nor regional or local. This is doing a private organization it should have done them, “he complained
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The car underlines the firm operates from a tax haven
The company faces a similar complaint in court number 3 Commercial Barcelona. The Elite Professional Taxi Association, one of the most active groups against Uber, accused of fraud by implementing solicitation “as collaborative economy, when in fact it is hidden economy,” according to his lawyer. Unlike their peers Madrid, the Catalans did not ask precautionary measures and filed a complaint against the Spanish subsidiary.
“We had warned the Government that it would be depressing and deplorable that Madrid close the application before Barcelona, when it began operations here five months before, “lamented Miguel Medina, a spokesman for Elite. “Still, it’s a piece of news for all” settled
The comings and goings Uber
- March 2009. Travis Kalanick and Garrett Camp, two American entrepreneurs, Uber founded in San Francisco (California). The following year he premiered a software application that allows you to reserve a car online through mobile phones and tablets.
- December 2011. Uber out for the first time in the United States. The company began to offer their services in Paris (France). In addition, throughout that year he had sought investments. He managed about 40 million euros. March 2012. Uber comes to Toronto (Canada). Four months later, the application arrives in London.
- April 11, 2014. The application opens in Barcelona, which becomes the gateway to Spain. Between the protests of the taxi drivers, Uber stops in Madrid and Valencia on September 23 and October 29, respectively.
- April 15. After criticism of the Taxi drivers Brussels, Belgium became the first country to veto the application.
- May 8. London taxi drivers asked the outlawing of Uber. The largest group announces a concentration of vehicles for early June.
- June 10. The Catalan Generalitat calls for an immediate cessation of the activity of Uber. A court announced fines of up to 6,000 euros to drivers who continue to use the application as well as the seal of their cars.
- July 3. Transport for London (TfL), the entity that regulates and grants licenses of private transport in London, says legal service.
- December 5. Uber announces the closing of a financing round in which he has raised about 970 million euros. The valuation of the company amounted to 32,350 million euros.
- December 8. Authorities in New Delhi (India) prohibit Uber application to be accused one of its drivers raping a passenger. Holland also outlaws the use of the application on smartphones and tablets, but is silent on the passenger transport system offered.
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