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Liedekerke secures major victory for Uber

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The legal action brought by taxi company Taxis Autolux to order Uber to cease its UberPop application was rejected by the Dutch-speaking Commercial Court in Brussels on Thursday 16/02/2017.

In this case, which in essence opposed Uber's presence at Zaventem airport, the Court held that the application of the Flemish Taxi Decree and of the Taxi regulation of Zaventem hinders Uber  to exercise its business activity (from The Netherlands where the company doing business in Belgium is established)  and that this amounts to an unjustified restriction of Uber’s right of free movement guaranteed by the Treaty on the Functioning of the European Union. In her judgment the judge recognised that Uber does not organise ”clandestine taxi-services” but offers a platform facilitating alternative transport services.

This case was similar to the one brought by Taxis Verts with regard to the Brussels Region. In that case the same judge has issued a cease-and-desist order against Uber in September 2015.

Jules Stuyck, who led the team at Liedekerke, said, “We are happy that our team could convince the judge with arguments of both Belgian law and European law. The judgment is so far unprecedented in the EU. Later this year the Court of Justice of the European Union will have to answer similar questions on the compatibility of the application of Spanish regulations to Uber’s activities in Barcelona (case C-434/15).

Other members of the team included Frank Judo, Tim Souverijns and Maria-Clara Van den Bossche.