Originally Posted by
Good Business Sense
Wingly sells flight tickets to the public for flights with non professional pilots using their own vehicle - after the flight Wingly pays the pilot after deducting a fee
The above is almost word for word to that in the judgement against Uber.
I wouldn't get too excited, GBS. The judgement is that Uber "must be classified as ‘a service in the field of transport’ within the meaning of Article 58(1) TFEU". Article 58 merely refers us to Title VI, whose final Article says:
Article 100
1. The provisions of this Title shall apply to transport by rail, road and inland waterway.
2. The European Parliament and the Council, acting in accordance with the ordinary legislative procedure, may lay down appropriate provisions for sea and air transport. They shall act after consulting the Economic and Social Committee and the Committee of the Regions.
The European Parliament and the Council have done just that for air transport in the form of 216/2008 (the Basic Regulation), and the machinery that sits beneath has provided the legislative basis for the legitimate operation of flight sharing via internet platforms.