The Uber web-based service that matches cars and drivers with customers in Lisbon and Oporto will continue to function until a further court decision into its legality.
Uber Inc was banned from operating in Portugal after a Lisbon Court accepted an injunction filed by Antral (the taxi drivers association) but Uber Portugal did not remove its website or service as management said they had not officially been informed by the court of the suspension.
Uber’s lawyers now have had an opportunity to present their client’s opposition to the injunction and the popular cab calling service will continue to operate until a final decision is made by the court.
Rui Bento, the head of Uber Portugal, confirmed today that the company had presented its defence to the court and said that the business "remains committed to providing a safe transport alternative, reliable and convenient, in Portuguese cities" but also that it will "comply with and respect Portuguese law and judicial decisions."
The main reason why Uber is able to continue operating is that Antral’s lawyers took out an injunction on Uber’s US operation, not the Uber subsidiary set up to operate in the Portuguese market.
Bento was kind not to snigger, adding only that "It should be noted that the scope of this court notification does not cover the Uber platform operating in Portugal."
This injunction caused confusion for customers and drivers, with Uber posting information on its website to assure everyone that it was still operating, and quite legally.
Another argument laid before the court by Uber, which is no stranger to legal battles, is that the cab service website provides a similar service to Rumbo, Red Universal de Marketing y Bookings Online, based in Madrid, a site which allows clients to search, book and manage flights, hotels, holidays, city breaks, cruises, car hire as well as other travel and leisure related products.
The injunction filed by Antral caused particular controversy as the tribunal which heard and agreed the petition failed to ask Uber to turn up to present its case as ‘it was Easter.’
In a statement, Uber claimed today that "more than a week after we had been aware from newspaper reports of an injunction, without being formally being notified, we received the decision. We now have presented our defence to the court and await a final decision in the coming weeks."
Uber added that "early disclosure of this provisional decision has generated significant confusion about the consequences and whether it is applicable. It should be noted that the scope of this notification does not cover the operation of the Uber platform in Portugal. Therefore, while we clarify this situation with the courts and as we await a final decision in the coming weeks, we will continue to serve our users and partners in Lisbon and Oporto."
Antral's lawyers have made no comment as yet.
https://www.uber.com/cities/lisbon
Comments
This is a particular problem in Portuguese courts that foreigners should be well aware of. Also factor in your lawyer and witnesses not being summoned for that hearing or if outside Portugal not being offered video conferencing to take part. Not even bothering to mention bent judges, public prosecutors, magistrates and tribunal staff.
Even with a regulation for a 'sanitation' stage before a court hearing to clean out any irregularities.
Not for nothing is Portugal known as the EU's 'Bandit Territory'.
Its just a pity that, as this very recent Uber case makes clear, there is still no grasp amongst the Portuguese judiciary of what constitutes illegal or unsafe judgment.
Four out of five Portuguese do not trust their own courts .... now you know the reason why !