Milano, 26 magggio 2015 – Exult taxi drivers throughout Italy: the Court of Milan ordered the block of ‘Uber-pop’, one of the services provided by the Uber app, on the whole the country with the inhibition of the service. It was therefore upheld the appeal filed by the associations Category taxi drivers to “unfair competition”. Uber Europe has already announced that it will use and UberPop continue to operate in the next two weeks in Italy .
THE BACKGROUND – Uber-pop, is the service provided by the App Uber that allows anyone to “invent” a taxi driver although devoid of regular license. In recent weeks, organizations and unions, local and national, taxi drivers and radiotaxi, assisted by a legal team composed of lawyers Marco Giustiniani, Nico Moravia, John Gigliotti and Alessandro Fabbi, they had presented a petition filed an urgent request for the darkening of the ‘app’ Uber-Pop. Today Judge of the Section for enterprises of the Court of Milan, Claudio Marangoni, upheld the appeal and, with an injunction ordered the blocking of Uber-Pop and prohibiting the performance service throughout the national territory. N and his decision the judge made it clear that Uber will have 15 days to adapt injunction placed, otherwise penalties will click. Against the protective measure, in any case, there is the possibility by Uber to appeal, legal proceedings which have already been announced by the company.
The ORDER IN DETAIL – Uber-Pop is not comparable to the car sharing service because if the app today ‘suspended’ ‘the driver does not have a personal interest to get to the place indicated by the user and, in the absence of any request, would not give rise to such a move. “ This is what the judge Marangoni instead explaining that in If the car sharing “the driver has his own personal journey to be undertaken and asks others to share to share the expenses.” For the judge, “what seems to give rise to a doubt on the actual attitude of Uber-Pop to generate benefits to the community in terms of reducing air pollution and energy consumption, instead it seems the contrary stimulate the use of private vehicles without respect to such use can be put in place measures for planning and overall regulation of mobility that seem universally regarded as the main instrument of intervention in the urban transport sector and no. ”
The service Uber-Pop, which allows anyone to become a taxi driver, has determined – continues in the order – “a real quantum leap in increasing and developing the phenomenon of ‘illegal’. “Before the introduction of this app – is explained – subjects unlicensed had a limited scope of activity and risk of contact with users – essentially at the level of personal contact – while Uber-Pop allows throughout featured an increase even remotely comparable to the number of persons who engage unlicensed activity similar to that of a taxi and in parallel a similar greater chance of contact with potential users, thus resulting in a real quantum leap in ‘ increase and develop the phenomenon of “. And yet, the judge points out that all the activities carried out by Uber-Pop “seems to go beyond the scope of operations of a mere intermediary and involves aspects directly propulsion and organization of the service.”
The “lack of Authorizations” by bus drivers Uber-Pop , as is expected laws on transport services, implies “a genuine competitive advantage “for the group Uber and a” misuse of customers undue “, writes the judge in the order, explaining that even without the” cost associated with the service taxi “ drivers Uber-Pop may apply “significantly lower rates than the public service”.
And still: the “injury” given to taxi drivers from Uber-Pop “has its own special and topical because it certainly looks today accentuated due to the expected large number of visitors to the event Expo 2015 that despite involving Milan seems likely to expand even the influx of tourists in other Italian cities between which also those in which they operate today’s recurring “. “Its growing success and the exceptional ability to spread that allows the computer network – says the judge – in a context of intense promotion of the service makes current and subsisting the need to provide a matter of urgency as the injurious effects to the industry – where they awaited the outcome of a case on the merits – would be not fully compensated in monetary terms only. “
CODACONS: DAMAGE TO USERS – The judgment of the Court of Milan, which has blocked the service Uber pop throughout Italy, represents the Codacons an “enormous damage to users, because it limits competition and reduces the possibility of choice for citizens” . “E ‘unthinkable that a modern country can be deprived of innovative applications such as Uber, which respond to market needs and exploit the new possibilities introduced by the technology – says the president Carlo Rienzi, in a note – This will ultimately produce a double damage to the final consumer: on the one hand less choice on the front of the service, on the other hand higher rates due to less competition “. “What is needed, rather, is to integrate Uber in the Italian market, consistent with the provisions in force, ensuring legality and safety without damaging the other operators. For this reason – continued Rienzi – turn today an appeal to the Minister of Transport, Graziano Delrio, so studies the necessary measures to make fully legal Uber unrestricted medieval competition. ”
TAXI DRIVERS: FINALLY – “We had to get to the courtroom because someone decides, no one wanted to take this responsibility before resorting to court we are facing in the City, region, to the Government, all to no avail. ” So Peter Gagliardi, union representative for the category of taxi drivers of the Artisans of the Province of Milan. “It is a great victory – he added – and we did just for us and our work, but also for the safety of users. ” “There are rules, rules to follow – said Gagliardi – can not get a company even if it is a major multinational to upset them, in the name of what? Technology and innovation? But we have technology and innovation from sell. ” Taxi drivers, explained again the union representative, no illusions, certain to have won a battle today only because the war is still very long . “Meanwhile, this seems like a good result because until now no one had wanted to take this decision – he added – and, I repeat, is not a defense of the category, we also care about the protection of customers: those who so far has boarded a taxi knows he has to do with a professional of this work and can feel comfortable, give guarantees and security, we can not say the same in the future? “.
Money for the block of the app ‘UberPop’, taxi drivers from Milan remain critical of the institutions. “They had to be to help them, not judges,” said a group of taxi drivers out of the Central Station in Milan. “A What is the commissioner of the City to be right if we go to court? – said another cabbie – The question Uber-Pop is a joke that should not even start, because it’s against the law. ” “For drivers of service Uber-Pop it does not require any license – he concluded – are outlaws.” “Meanwhile, at this time we have put the money to go on strike against an app that was against the law,” said a woman taxi driver.
LEGAL TAXI DRIVERS: JUDGE HAS UNDERSTOOD THE SITUATION – “We are truly satisfied with the result. I The Court of Milan has in fact fully understood the situation despite its complexity.” He explained the lawyer Marco Giustiniani, one of the lawyers of the trade associations of taxi drivers . The Court, added the lawyer, “recognized the unfair competition of service Uber-pop towards taxi and ordered the Group Uber immediate inhibition of the same on the whole Italian territory. We are convinced – said the lawyer – that Uber Group will give a ready compliance with that specified by the court and that this decision will spur the government to be monitored more carefully than hitherto done. “
THE REACTION OF THE COMPANY – UberPop continue to operate in the next two weeks in Italy and the company announced its intention to appeal against the order of the Civil Court of Milan . This was stated by Zac De Kievit, chief legal Uber Europe. “We are obviously very disappointed by today’s decision of Uberpop, a decision that we respect but we do not understand,” he says. “Now – he added – we will appeal to prevent hundreds of thousands of Italian citizens are deprived of a secure, reliable and economical to move around in their cities. Meanwhile, in Italy today continues to operate UberBlack and for the next two weeks UberPop. What But it worries us most is that thousands of drivers are likely to lose a source of income. Also note that the European Commission has clearly stated that member states should ensure fairness, proportionality and no discrimination in the regulation of new technology-based services like Uber. ”
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