Platforms as contract partners: Uber and beyond

Abstract

This article analyses the recent case law concerning Uber and other platforms. Its main objective is to examine the question of whether and under what conditions platforms can be considered the contract partners of the individuals who seek goods and services through the platform’s infrastructure. In a first step, the criteria employed by the courts, both the Court of Justice of the European Union and national courts, are identified that characterise the role of platforms in relation to the underlying service provision. In a second step, the article looks at the approach to intermediaries in more traditional consumer contract law. A differentiated image emerges, which underlines the need for legislative clarification.