Internet provider Uber remains banned in Land Berlin
Press Release No.. 41/2014 from 26.09.2014
The provision of transport over the smartphone app Uber remains banned in the State of Berlin. The Administrative Court of Berlin confirmed in a rush process, the official ban.
According to the 11. Chamber of the Court allowed the State of Berlin imparting motion tasks to licensed car service contractor (UberBlack) as well as to private driver (UberPop) prohibit under the Industrial Code. Because these services operate Uber pecuniary interest or. businesslike occasional transport of passengers by road vehicles without permission, although such is necessary for the transport of persons law. Although Uber myself have neither personal vehicles still employed drivers, had the company not only a mere intermediary of travel services, because it auftrete against the passengers to the outside as contractors. Only this understanding will meet the purpose of the authorization, consists in using, to protect the passenger to be transported as fully as possible. This is likely to rely on, that the competent authority has subjected the operators of public passenger transport in a personal and professional background check and monitor him for the purposes of consumer protection.
The services of Uber also be a consideration: The contention of the applicant, a payment for the services is voluntary, not only contrary to their own terms of use; However the supposed possibility, to revoke the estimated service charge, no card for the free education of Transports, but put the Entgeltlichkeit the contrary advance, because otherwise there would be nothing to revoke.
The prohibition of services was not finally disproportionate; especially the business model of Uber was after the applicable legal, which is based on the principle of the closed circle of approved forms of gratuitous passengers by motor vehicles, not be approved. The services violated numerous, the protection of customers serving provisions of the Passenger Transport Act. So the driver would be subject in the business model UberPop State does not control. It was not examined, whether they could perceive the special responsibility for the carriage of passengers, they possessed not necessarily required for the transport of persons driving license for passenger transport. The offer Uber Black violated the applicable law in the carriage of passengers returning from duty radio car hire at the place of operation and blurs as unduly the distinction between taxes- Car and Transport.
The immediate enforcement of the ban was finally offered in the public interest. The ban is intended to protect the existence- and functioning of the tax traffic, where there is an important public interest. The immediate enforcement is necessary but also to protect passengers against hazards to life and limb, because their safety appears not guaranteed by the business model of applicant. The Uber-driver would in fact have – unlike other taxi-driver – neither prove their mental and physical fitness and their local knowledge nor provide information on the of them were suspected of traffic violations. Finally, the business model of applicant blatantly contradicts the protection of passengers serving legal requirements to equipment and condition of the vehicles.
Appeal against the decision may be appealed to the Supreme Administrative Court of Berlin-Brandenburg.
Decision of the 11. Chamber of 26. September 2014 (VG 11 The 353.14)