Alcance y aplicabilidad de la sentencia del Tribunal de Justicia de la Unión Europea de 20 de diciembre de 2017 (caso Uber)

Abstract

One of the most pressing challenges revealed by the collaborative economy is the legal qualification of the relationships arising between the participants in the use of electronic platforms. Proof of this, are the social, labour and administrative conflicts originated in recent times around it. The aim of the article is to synthesize the criteria to determine whether we are facing an information society service or whether the platforms are also providers of the service with material content (transport, hosting…). To do this, the criteria set out in three reference cases on the subject will be studied: Uber, BlaBlaCar and Airbnb. Together with the analysis of the resolutions issued in the aforementioned cases, the legal guidelines laid down in the Communication of the European Commission «A European Agenda for the collaborative economy» will be taken into account, in addition to current legislation.