July 2022 - Netherlands - Uber / FNV

Ruling on July 19, 2022

ECLI/ Case No: ECLI:NL:GHAMS:2022:2080

Authority: Courts of Appeal Amsterdam

Parties: Uber/ FNV union (Federatie Nederlandse Vakbeweging)

Subject: Suspention of the decision of the cantonal court of 13 september 2021 pending the decision on appeal.

Summary of facts: The cantonal court Amsterdam ruled on 13 September 2021 that Uber taxi drivers are employees and that Uber fall under the scope of the collective bargaining agreement for Taxi Transport. The court furthermore ruled that Uber must fully comply with the cba for the time that the cba was declared generally binding. In these proceedings Uber takes the stance that the consequences of the execution of the decision are irreversible and will result in high costs should the ruling be reversed on appeal. Uber therefore asks for the suspension of the execution of the decision of the cantonal court.

Legal question: Is Uber required to directly execute the decision of the cantonial court of 13 september 2021?

Considerations: In principle a decision, pending a decision on appeal, is directly enforceable. But in this case, it is justified to depart from this principle. The interest of Uber outweighs FNV's interest in the direct enforcement of the judgment. Uber must make major organizational changes to enforce the decision. If the court of appeals rules differently, Uber will then be forced to reverse all changes. It is not inconceivable that this can threaten the continuation of Uber’s business.

Ruling: The court grants the request for suspention of the decision of 13 September 2021.