It is now over two months since Uber's license to operate in London came to an end, and yet the taxi company is still running as normal in the UK's capital.
If the court had classified Uber as a digital service, it would have been able to profit from European Unionrules on the internal market and the electronic commerce directive.
The law firm representing the Barcelona taxi association said the ruling had "great judicial significance".
UberPOP used inexperienced drivers and the service has since been suspended in most European cities.
"The service provided by Uber connecting individuals with non-professional drivers is covered by services in the field of transport", the European Court of Justice said in a case brought by a Spanish taxi drivers' association. The company's CEO has said it's appropriate to regulate services like Uber's and that the firm wants to partner with cities where it operates. "This is the approach we'll take to ensure everyone can get a reliable ride at the tap of a button", it continued.
Uber has already had problems with the law in several European countries, particularly France where the company was forced to overhaul its business model. Transport for London moved not to renew its licence in September but Uber can continue to operate while an appeal is heard.
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