Austria: Schoenherr successfully defends Uber again and secures final dismissal of damages claim

Since Uber’s market entry in Austria in 2014, Taxi 40100 has vigorously challenged the company’s business model both in court and in the media. In the end, little remained of the extensive allegations: all penalties imposed in the course of enforcement proceedings were overturned by the Supreme Court. With the most recent ruling, the central damages claim – in which Taxi 40100 had sought several million euros – has now also been finally rejected.

"We are very pleased to have supported Uber in this and other unfair competition proceedings. Cases like this also demonstrate that our firm’s setup is ideally suited for such disputes: enforcing administrative regulations through unfair competition law requires top-level expertise across all relevant areas – and that is one of our core strengths," said Dominik Hofmarcher, partner in Schoenherr’s IP & Technology team and lead partner in the case.

Johannes Stalzer, partner in Schoenherr's Regulatory team, added: "This case clearly demonstrated that traditional Austrian administrative regulations do not necessarily have to be in conflict with digital platforms or mobility solutions. Rather, it is about creating a balanced regulatory framework that safeguards established consumer protection standards while enabling innovative mobility services. Digitalisation requires the evolutionary adaptation of existing legal norms, not their wholesale abolition."

In addition to the now-concluded damages proceedings, Schoenherr has also successfully defended Uber in other unfair competition cases brought by Taxi 40100.

The Schoenherr team included Dominik Hofmarcher (partner), Johannes Stalzer (partner), Michael Woller (partner) and Nina Zafoschnig (counsel).