Star Taxi App SRL v Unitatea Administrativ Teritorială Municipiul Bucureşti prin Primar General and Consiliul General al Municipiului Bucureşti
1. Article 2(a) of Directive 2000/31/EC of the European Parliament and of the Council of 8 June 2000 on certain legal aspects of information society services, in particular electronic commerce, in the Internal Market ('Directive on electronic commerce'), which refers to Article 1(1)(b) of Directive (EU) 2015/1535 of the European Parliament and of the Council of 9 September 2015 laying down a procedure for the provision of information in the field of technical regulations and of rules on Information Society services, must be interpreted as meaning that an intermediation service which consists in putting persons wishing to make urban journeys in touch, by means of a smartphone application and in exchange for remuneration, with authorised taxi drivers, for the purposes of which the service provider has entered into contracts for the provision of services with those drivers, in consideration of the payment of a monthly subscription fee, but does not forward the bookings to them, does not determine the fare for the journey or collect it from the passengers, who pay it directly to the taxi driver, and exercises no control over the quality of the vehicles or their drivers, or over the conduct of the drivers, constitutes an 'information society service' within the meaning of those provisions.