No more Uber in Spain, at least for now. The Superior Court of Madrid has commanded, as a precautionary measure and throughout the national territory, the cessation of activities of the company and its service, an application that connects via internet users and unlicensed passenger transport by “possible unfair competition ‘. Thus, Judge Andrés Sánchez Magro, the Commercial Court No. 2, estimates the injunction requested by the Madrid Association of Taxi, prior to the filing of a future lawsuit against the company, based in San Francisco. The decision comes two months after the platform has begun to operate in Madrid and Valencia and six since he landed in Barcelona.
In his decision, the judge points to the Unfair Competition Act as the basis for its decision. This law states that when rules are required to act in a market are infringed, the infringement is itself an unfair action. In this regard, Sanchez Magro explains that there are grounds for action “is done with as soon as possible” as is “reiterated passenger service that has been paid for weeks in Madrid and, previously, in other parts of the country, with the direct involvement taxi service to the public. ” In his opinion, “online recruiting a system which lies presumably in the margins of legality requires the possibility of prior judicial response.”
The stoppage of the company has been ordered as a precautionary measure without listening to the company, to understand that failure to do so, “could compromise the effectiveness of the measure ‘, to mitigate the damage being caused to the owners of taxi service. He also says the judge that “the situation becomes more serious” if one considers that future sued ‘operates from the US tax haven Delaware. And it is presented, according to the media, with a deliberate evocation of opacity “.
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Aware of raised about freedom and cooperative economy to regulations and administrative intervention debate, the judge explained that the court decision “only must rest on the review of the current legislation, avoiding philosophical debate or examination of regulatory changes. ”
The truth is that the application has generated some controversy since its launch just over three years ago. Recall that taxi drivers in Madrid and Barcelona have taken to the streets several times to protest the entry into the market of the platform. The union argues that taxi drivers are professional intrusion and accuse them of not complying with current legislation, lacking the necessary permits not be approved and not pay taxes. In fact, in Germany the first Justice ordered the cessation of its activity to later revoke that decision.
Without going any further, yesterday the Thai authorities ordered the immediate suspension of service on the grounds that the firm operates illegally in China. The same happened in New Delhi and twenty other satellite towns, although the trigger in this case was the alleged rape of a wearer. Even the European Commission declined to intervene in this regard since “when the relevant directives were adopted, it was clear that Member States wanted to keep these issues as part of its powers”. Despite these issues, Uber has hoarded until an assessment of more than 14,650 million euros.
As of now, the Madrid Taxi Association has three days to provide consistent bond in a bank guarantee of 10,000 euros, since when a decision also orders the companies run telecommunications and electronic payment prohibiting “all transactions and accommodation” to the company Uber.
Founded in 2009, Uber is already present in more than 200 cities and 45 countries. The company is known for the application for smart phones, which allows people who need to travel connected with company vehicles available nearby using the GPS. Each trip is made, the company charges a commission.
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