What to do with Uber, an application to call chauffeur-driven cars, being a question difficult to answer in many countries within and outside Europe. In Portugal, the government argues it is not possible only a national solution to the legal and regulatory challenges posed by this service, which has been the target of protests lit by the taxi companies.
“Given the cross-border characteristics of this business, a purely national approach is not possible, but requires a response at the level of the European Union, guided by the principle of equal treatment for similar situations,” said the Ministry of Economy (which integrates the Transport Secretariat of State), in response to PUBLIC issues.
The ANTRAL, an association of the sector, convened a demonstration of taxi drivers for this Tuesday, after already having complained several times to the lack of action by the Government as well as the failure by the authorities, of an injunction that suspended April the performance of the Uber in Portugal.
The ministry admits that the Government and regulators “must also do their part” and said he had asked the OECD, through the Institute for Mobility and Transport, a comparative regulation analysis in the various countries in Europe and proposals “to deal with the technological advancements in interface sector with the customer. ” He also recalled that exists in Parliament a working group on the subject, for which the ANTRAL was invited.
Concerns about the legal framework for Uber arrived already to Brussels, after the service have been banned by courts in countries like Spain and Germany and there have been changes to the law in France. The European Commission has recently started a process that could eventually bring EU rules to a sector where regulation is mainly national. Still, though, at the beginning and there is no guarantee that Brussels will act.
“The Commission has launched a study to analyze the markets of taxis and vehicles with chauffeur in the member states. This analysis will provide the context necessary for the Commission to decide on the need – and the possible nature – more action at EU level “, explained Jakub Adamowicz, spokesman of the European Commissioner for Transport, Violet Bulc
. Commissioner’s office classifies the subject as “very complex” and wants to “understand the impact of expansion of these services in the sector and the economy and society as a whole.” It will take several months before the study produce results.
Challenge heats
In Portugal, justice has been called upon to express itself. In April, the Court of the District of Lisbon gave its assent to the injunction filed by ANTRAL against Uber. But five months later, the Uber continues to operate in Lisbon and Porto, due to an alleged detailed address. In the injunction, the ANTRAL indicates the address of the Uber in the United States the address of the defendant, but the Uber Portugal responds to European representation, based in the Netherlands.
The association’s president, Florencio de Almeida, argues that “there is no error” and considers that the delays in implementing the court decision is “government conspiracy” where “there are members who have a certain sympathy for Uber.” Florencio de Almeida regrets that the police have, “on several occasions”, lifted cars to drivers and these upon arrival at the IMT are filed “by order of the government.” “The day of protest 8′ll ask the president of the IMT which made these acts.”
In Lisbon, the march of taxis begin at the Nations Park, with stops planned at the airport, the Secretary of State of Transport and Ministry of Justice. In Porto, leave the Cheese Castle. Already the Portuguese Federation of Taxi decided to mark up the demonstration. “There pactuaremos with a degrading image of the sector and with radical attitudes,” he said in a statement.
On the side of Uber, the director of the company in Portugal, Rui Bento insists that this “is a response to a need there “and argues that there is no illegality in the way the service is provided. “We have licensed partners, taxis letter A and letter B [individual drivers], rent-a-car companies and tourist companies. Everyone has operated and made this kind of service before the arrival of Uber. “
Stand” is not new “
The Uber has been grappling with justice in several countries since 2009, the year it was created. Raises the question of whether it is regulation that is not prepared for this type of business model or is the Uber which operates without regard to the laws of more than 70 countries where it operates.
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