| Abstract: | The diploma thesis deals with the technology company Uber, which represents a contemporary alternative to the established taxi car services in its capacity as a collaborative platform, connecting the users to the providers of transport services by means of an application.
Being the most valuable start-up company (company with the largest capital input) in the world at the moment, it creates new business opportunities, thus contributing to new employment possibilities and more intensive economic growth; the consumers' interest is intense, causing an abrupt rise in the number of users. On the other hand, it represents a challenge to the established providers of taxi car services. As they fear about their workplaces, Uber faces a massive dislike on their part. Additionally, it leads to issues regarding the correct and reasonable implementation of the existing legal framework.
The approach of European national courts is restrictive, resulting in numerous prohibitory orders or limitations in the implementation of Uber services due to unfair competition; Uber's presence in the European market also raises several issues concerning the EU competition and labour law.
In autumn 2015 the question of Uber's business activity classification was presented to the Council of Europe for the purpose of obtaining a preliminary decision; if the Council proclaims Uber a transport company, it shall underlie the EU member states national legislation on transport services, in case it is proclaimed an information technology services company, the provisions of European legislation on uniform digital market shall apply.
In June 2016, the European Commission issued guidelines for appropriate implementation of EU legislation in cases of business models of this kind, concerning the requirements as to the market access, liability regulation, consumer protection, employee qualification and taxation, adding instructions to the EU member states regarding the appropriate legislative regulation on the national level. Having successfully entered the neighbouring Croatian market last year, Uber services are expected to be offered soon in Slovenia as well.
In this diploma thesis, the most burning present dilemmas in the field of competition and labour law are highlighted, concerning both the legislators and the users of the application, and additionally, solutions for the legal regulation of Uber at the EU law level are presented. |
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