Analisi giuridica di alcune fattispecie della c.d. economia collaborativa nel settore dei trasporti e del turismo

The article aims to offer an analysis of the most recent legal problems and dilemmas in the field of sharing economy, both with reference to the transport and tourism sector. In this context, in the first part of the paper, a specific in-depth analysis is dedicated, both from the normative point of view and from the jurisprudential point of view (with particular attention to the European, national and, in a comparative perspective, French jurisprudence), to the case of “Uber”. In the first part of the paper, particular attention is also paid to the question of the so-called “short leases” concluded via IT platforms, in the light of the national legal framework (d.l. n. 50/2017) and the lawsuits proposed by Airbnb against the Italian State. In the second part of the paper the issue of bike sharing is developed from a public point of view, as a form of sustainable mobility that relates to the phenomenon of the sharing economy and which concerns both the transport sector and tourism. Bike sharing is a service, complementary to that of local public transport, aimed at achieving a plurality of virtuous purposes (from the improvement of the quality of urban life to the increase in community well-being). Finally, the paper aims to focus attention on the infrastructural and innovative profiles of the phenomenon, also through a deepening of the free-floating bike-sharing.