Court of Justice 4 July 2017, C-320/16 (Criminal proceedings against Uber France.)

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Advocate General Szpunar opines that a national provision prohibiting and penalizing the organization of a system connecting customers with non-professional drivers in breach of transport rules does not constitute a 'rule on services' subject to the notification obligation under Directive 98/34/EC. The Opinion argues that such a provision affects information society services only in an incidental manner, as its primary purpose is to ensure the effectiveness of transport regulations which are excluded from the directive's scope. Consequently, the Advocate General suggests that the failure to notify the French provision (Article L. 3124-13 of the Transport Code) does not render it unenforceable against individuals.AI