Uber turns to Cuatrecasas for landmark EU regulatory case
Spanish firm takes key role for Uber on ECJ dispute
November 29, 2016 at 05:31 AM
3 minute read
The original version of this story was published on Law.com
Uber Technologies has turned to Cuatrecasas Goncalves Pereira partner Cani Fernandez to argue on its behalf in a European Court of Justice hearing that could determine how Uber should be regulated within the European Union (EU).
Fernandez, who is director of the Spanish firm's competition and EU law practice, will attempt to persuade Europe's highest court that Uber is not a transportation company, but an app-based service under EU law, meaning that it would not be subject to stricter regulations governing the transportation industry.
Fernandez, who could not immediately be reached for comment, will be supported by lawyers from France's Gide Loyrette Nouel, according to a source familiar with the matter.
In 2014, three years after Uber launched its app in Europe, Asociacion Profesional Elite Taxi, a Barcelona taxi drivers group, alleged that Uber was running an illegal cab service. Uber, for its part, contends it is a digital app and not a transportation service.
The case proceeded to a Spanish judge in 2015, who then turned to the Court of Justice of the European Union for clarification about Uber's status. He asked the court to look at whether a European directive on e-commerce would apply to Uber, and how the EU's unfair competition laws might apply to the digital ride-booking business.
If the court decides it is a transportation company under European law, Uber would be subject to stricter licencing, labour, insurance and safety rules. The ruling could also affect other companies in 'on-demand' economies that are trying to expand into Europe, according to a report from Reuters.
Fernandez is no stranger to the European Court of Justice. According to her firm biography, she served as a referendaire at the court from 1994 to 1997. In private practice, she has advised clients during European authorities' investigations into potential antitrust violations. She has worked on antitrust considerations in deals involving big-name companies like Coca-Cola and Telefonica.
She has also advised companies as well as EU governments and institutions on EU law issues related to plant and crop protection, chemicals and the environment, and government contracting.
Last month, UK Uber drivers won the right to be classed as workers rather than self-employed after succeeding in a landmark legal challenge. Uber, which was represented by DLA Piper, said it will appeal the ruling.
Earlier this year, Uber also instructed Hogan Lovells to challenge new rules introduced by Transport for London, which include requirements for drivers to speak a minimum standard of English and for drivers to have insurance cover when they are not working.
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