The hiring model for digital platform riders: unfair competition or free enterprise? The controversial ruling upholding the legality of GLOVO's «allegedly false self-employed workers»

Commentary on the Ruling 166/2025 of July 10, of the Commercial Court No. 2 of Barcelona

Abstract

Judgment 166/2025 of July 10, issued by the Commercial Court No. 2 of Barcelona, in response to a lawsuit filed by JUST-EAT, analyzes the potential existence of unfair competition by its competitor, GLOVO, for allegedly hiring fake self-employed workers.

In a controversial and media-heavy ruling, the judge, in addition to acquitting the defendant and ruling out the existence of unfair competition, explicitly endorses the self-employed hiring model under trial. The court ruling also includes a series of unusual criticisms of the actions of the Labor and Social Security Inspectorate and of the legislator itself, while also emphasizing freedom of enterprise, competition, and the market economy in general, over the "rigidity" of labor law.