CELEX: 62016CA0320
Language: en
Date: 2018-04-10 00:00:00
Title: Case C-320/16: Judgment of the Court (Grand Chamber) of 10 April 2018 (request for a preliminary ruling from the Tribunal de grande instance de Lille — France) — Criminal proceedings against Uber France SAS (Reference for a preliminary ruling — Services in the field of transport — Directive 2006/123/EC — Services in the internal market — Directive 98/34/EC — Information society services — Rule on information society services — Definition — Intermediation service making it possible, by means of a smartphone application and for remuneration, to put non-professional drivers using their own vehicle in contact with persons who wish to make urban journeys — Criminal penalties)

201805250101897532018/C 200/053202016CJC20020180611EN01ENINFO_JUDICIAL201804105511Case C-320/16: Judgment of the Court (Grand Chamber) of 10 April 2018 (request for a preliminary ruling from the Tribunal de grande instance de Lille — France) — Criminal proceedings against Uber France SAS (Reference for a preliminary ruling — Services in the field of transport — Directive 2006/123/EC — Services in the internal market — Directive 98/34/EC — Information society services — Rule on information society services — Definition — Intermediation service making it possible, by means of a smartphone application and for remuneration, to put non-professional drivers using their own vehicle in contact with persons who wish to make urban journeys — Criminal penalties)
 ---documentbreak--- C2002018EN510120180410EN00055151Judgment of the Court (Grand Chamber) of 10 April 2018 (request for a preliminary ruling from the Tribunal de grande instance de Lille — France) — Criminal proceedings against Uber France SAS
   (Case C-320/16) (
         1
      )
   ‛(Reference for a preliminary ruling — Services in the field of transport — Directive 2006/123/EC — Services in the internal market — Directive 98/34/EC — Information society services — Rule on information society services — Definition — Intermediation service making it possible, by means of a smartphone application and for remuneration, to put non-professional drivers using their own vehicle in contact with persons who wish to make urban journeys — Criminal penalties)’2018/C 200/05Language of the case: French
      Referring court
   
   Tribunal de grande instance de Lille
   
      Party to the main criminal proceedings
   
   Uber France SAS
   
      Other party to the proceedings: Nabil Bensalem
   
      Operative part of the judgment
   
   Article 1 of Directive 98/34/EC of the European Parliament and of the Council of 22 June 1998 laying down a procedure for the provision of information in the field of technical standards and regulations and of rules on Information Society services, as amended by Directive 98/48/EC of the European Parliament and of the Council of 20 July 1998, and Article 2(2)(d) of Directive 2006/123/EC of the European Parliament and of the Council of 12 December 2006 on services in the internal market must be interpreted as meaning that a provision of national law that lays down criminal penalties for the organisation of a system for putting customers in contact with persons carrying passengers by road for remuneration using vehicles with fewer than 10 seats, without being authorised to do so, concerns a ‘service in the field of transport’ in so far as it applies to an intermediation service that is provided by means of a smartphone application and forms an integral part of an overall service the principal element of which is the transport service. Such a service is excluded from the scope of application of those directives.
   (
         1
      )	OJ C 296, 16.8.2016.