Uber Deemed Transport Service by EU Top Court Adviser

Uber Deemed Transport Service by EU Top Court Adviser

Uber provides a transport service and must be licensed, the European Union’s top court said on Thursday, in a potential blow to the US firm which says it is merely a digital enabler.

“The Uber electronic platform, whilst innovative, falls within the field of transport: Uber can thus be required to obtain the necessary licences and authorisations under national law,” the Court of Justice of the European Union (ECJ) said.

While the opinion of the Advocate General is non-binding, the court’s judges follow it in most cases and a ruling would mean EU member states can regulate Uber and other such companies as a transport rather than “information society” service.

The case was brought by an association of Barcelona taxi drivers who argued that Uber engaged in unfair competition with its UberPOP service – which used unlicensed drivers.

Uber, which no longer operates UberPOP in Spain, said it would await a final ruling later this year, but added that even if it is considered a transportation company, this “would not change the way we are regulated in most EU countries as that is already the situation today”.

However, such a ruling would “undermine the much needed reform of outdated laws which prevent millions of Europeans from accessing a reliable ride at the tap of a button,” an Uber spokeswoman said in a statement.
Uber, which allows passengers to summon a ride through an app on their smartphones, expanded into Europe five years ago.

But it has been challenged in the courts by established taxi companies and some EU countries because it is not bound by strict local licensing and safety rules which apply to some of its competitors.

The Advocate General said Uber drivers “do not pursue an autonomous activity that is independent of the platform. On the contrary, that activity exists solely because of the platform, without which it would have no sense.”

Uber could not be regarded as a mere intermediary between drivers and passengers because it controlled economically important aspects of the urban transport service, Maciej Szpunar said in the opinion.

“The service amounts to the organisation and management of a comprehensive system for on-demand urban transport,” the ECJ statement said.



govt might also loosen up norms for deemed universities

The University Grants Commission has gotten into a legal tangle with some reputed deemed universities over their off-campus centres and expansion plans. Photo: Mint

The college presents fee has gotten right into a felony tangle with some reputed deemed universities over their off-campus centres and enlargement plans. picture: Mint
New Delhi: Deemed universities within the u . s . may additionally soon see better days with theauthorities trying to loosen up some of the norms governing them and readying a plan to curtail theuniversity presents fee’s (UGC) powers to alter them.

The authorities is of the view that the higher schooling regulator has mishandled a number of the troublesrelated to deemed universities and has not put in region a right device for those establishments,government officers said, inquiring for anonymity.

The movements expect significance as UGC has gotten right into a felony tangle with a few reputed deemed universities just like the Birla Institute of era and science (BITS), Pilani; Narsee Monjee Institute ofcontrol research, Mumbai; and Tata Institute of fundamental studies over their off-campus centres andexpansion plans.

In November, UGC wrote to 10 establishments asking them to shut down their off-campus centres for “violating” rules. these institutions approached the human aid development (HRD) ministry, pronouncingthey’d not flouted the regulations as the campuses were in existence earlier than the policies on off-campus centres came in. BITS even were given a stay at the UGC directive from court.

A deemed to be university, popularly known as a deemed college, is mounted through government order of the Union authorities. There are presently 123 such institutions.

“The HRD ministry believes that it’s time to clean a few the confusion created by using the UGC,” statedone of the officials mentioned above.

the second one legit pointed out that government were getting fewer lawsuits from deemed universities.even as there were 268 proceedings in opposition to them in 2014, the quantity declined to 112 in 2015,in line with government information.

A unique committee will have a look at the issue that become mentioned among UGC and the betterschooling secretary and propose the next path of action, stated the official.

“The information is that let’s review the regulations of deemed universities. each schooling companyhave to not be checked out with suspicion and people who’re doing top work must be recommended,”the second one reputable said, with out explaining what “encouragement” involves.

under the rules drawn up in 2010, the UGC can assessment the functioning of such universities at any timeto evaluate the amenities to be had, with the help of expert committees. UGC then guarantees that every one the recommendations given by way of the professional committees are implemented by way of the colleges.

some of UGC’s powers may work to the national evaluation and Accreditation Council (NAAC), the firstofficial said.

The thinking is that in view that accreditation of such educational establishments holds extraordinarysignificance, giving NAAC powers is logical “instead of sending an professional committee with littleaccountability”, the second respectable said.

NAAC accredits better education establishments after a rigorous review spanning numerous months.

“UGC is but to put in location a mechanism on the way it selects experts. subsequently, there is usuallya possibility of wrongdoing or misrepresentation of data,” the second one respectable stated.

Already the HRD ministry has asked UGC to get the names of people it nominates to various deemed universities as representatives in their finance committees vetted by using it earlier than very last approval. A comparable technique can be followed for sending contributors to the management forums of theseuniversities.

Harivansh Chaturvedi, change president of schooling merchandising Society of India, a federation of private training providers, said that almost 300 college and organization representatives had raised the problem of
“over-regulation” with human assets development minister Smriti Irani in March in Bengaluru. Irani hadassured them of fair play in the schooling space.

university grants fee and other regulatory our bodies ought to turn out to be enablers for non-publicestablishments with a terrific performance record. Affiliated or accredited schools acting nicely shouldbe given self sustaining reputation,” Chaturvedi stated.