Karlsruhe rules: Uber drivers may not wait on-site for new assignments.

The Federal Court of Justice has confirmed the so-called return-to-base obligation for rental cars in passenger transport. Accordingly, rental cars operated by ride-service providers such as Uber must return immediately to their operating base after each trip. The decision was made by the First Civil Senate under case number I ZR 123/25. The appeal of a defendant company was unsuccessful.

The basis for the decision is the Passenger Transport Act. Unlike taxis, rental cars may not wait at the destination for new assignments, but must return to their operating base after completing a trip.

No violations of constitutional and European law

According to the court's view, the return obligation is constitutional. A violation of European law does not occur either. It is a purely national matter, since the affected companies are based in Germany and the transportation services are provided exclusively in Germany.

Lawsuit filed by a Cologne taxi cooperative

A taxi cooperative from Cologne had sued a company that arranges and carries out Uber X rental-car rides via the platform. Specifically, it concerned a driver who, after dropping off a passenger, parked at the destination from 10:10 to 10:22 a.m. During this period, a test order was accepted and shortly thereafter canceled again. Only a few minutes later did the driver log off from the app.

Already the lower courts had granted the plaintiff an injunction claim due to a violation of the return obligation. The Federal Court of Justice confirmed this assessment and dismissed the appeal.