The Court of Justice ruled that “an intermediation service […], the purpose of which is to connect, by means of a smartphone application and for remuneration, non-professional drivers using their own vehicle with persons who wish to make urban journeys, must be regarded as being inherently linked to a transport service and, accordingly, must be classified as ‘a service in the field of transport’”.
The service offered by Uber does not therefore constitute an "information society service" but a "service in the field of transport", the Member States will then be able to regulate the conditions of provision of this service. Uber's model may, therefore, be subject to the same rules as those applied to taxis.