2023-12-21 16:16:21
“The companies Uber France and Uber BV have not committed any act of unfair competition. » The Paris commercial court on Thursday, December 21, completely dismissed 2,480 taxi drivers and nine sector associations, who brought an action against the Uber platform for unfair competition, and demanded 455 million euros in damages.
After years of lull between taxis and self-employed drivers of the American application, which arrived in France in 2012, this action was launched in 2021, in the wake of several decisions from the Court of Cassation concerning the status of VTCs. On several occasions, French justice had ruled that the independence of these drivers was only fictitious, and that they should be considered employees. Also in January, the Lyon industrial tribunal ordered Uber to pay 17 million euros to 139 drivers for this reason.
The three taxi lawyers used these decisions relating to labor law, believing that violating the regulations constitutes an act of unfair competition. During the hearing held on October 13 in front of a packed room, they described Uber as« OJNI [objet juridiquement non identifié] »having circumvented the law to “trample the market”presenting herself as a “simple networking platform”. “Never has a company given such a thumbs up to the laws of the Republicproclaimed lawyer Cédric Dubucq. They lie, they know we know they lie, and they continue to lie. »
Sanction the model
For taxis, there was no question to attack VTC drivers, whom they no longer consider their enemies: behind this compensation, they wanted to sanction the model of the platform, which pays very little social charges and taxes in France.
This decision comes in a context where Europe is preparing to legislate on platform workers: a European directive, if validated by the Council of the European Union and Parliament, could facilitate the massive requalification of drivers VTC for employees, if they wish.
During the trial, Uber’s lawyers, for their part, recalled that there was no law (yet) in France requiring VTCs to be paid, and insisted on the “reality of their independent status”. According to the platform, only 1% of them have appealed to the industrial tribunal, and, “in more than 63% of cases, their request was unsuccessful”. “The decision of the commercial court will continue to calm relations between taxis and Uber, which have evolved very positively in recent years”reacted a spokesperson for the company to the Monde. Some plaintiffs have already announced their intention to appeal the commercial court’s decision.
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