Compared to the US, Europe has a lot of consumer protection laws. Just, the other day it was highlighted here on HN, how good European laws are, that in Online Retails a company is not allowed to sneak in additional stuff without your consent.
Those consumer protection laws we have also in Germany for transporting passengers. Some details may have to be revised, but in general I consider them as good.
The consumer protection law for German requires, that a people who provide transportation as a service are required to have an according permit (Personenbeförderungsschein). This permit includes, basic checks, that you can drive and that you obey the law in terms of driving, which means you have clean driving record. This permit also includes additional requirements in terms of emergency first respond, before the First Responder arrive.
In addition the company (or you, if you self are employed) has to take care, that the car is in proper condition in terms of car safety (brakes and such). Proper condition for cars used for transportation business has be checked regular, meaning every year. Normal cars have to be checked only every other year.
Also, the company has to have an according insurance for this use case. Regular insurance does not cover it.
Finally, the company has to have also an registered business with the tax office, which is also understandable.
All these requirements are easy to obtain, but of course, have costs associated with.
According to this preliminary judgment, Uber is either required to validate, that all those requirements are fulfilled or they are punished with a 250.000 EUR fine, for every ride that does not follow the rule.
From that sense, Uber is not denied market access. It is only, that they have to follow the rule.
The problem is, that Uber says itself, they don't want to check those details. They just don't care. They explicitly say, they don't care. Because Uber argues, that they provide only "Ride sharing".
But that is wrong. If they would provide only Ride Sharing, than they would only offer UberPool. Uber is contradicting its own arguments, by explicitly having and marketing one service a Ride Sharing, while not offering this one service.
BTW: this ruling is only for UberPop. Because with UberBlack Uber shows, that it is able to follow the rules.
EDIT: Uber is not required to have a Taxi license. A Taxi license would of course give them additional benefits, like they are allowed to park in Taxi zones, drive in bus driveways and such. But there are also other obligations, like the price for the ride is set by the city and alike (no surge pricing). They have to take every ride, it cannot be denied for whatsoever reason, beside personal safety of the driver. The price is calculated by a certified taxameter. And may be other rules, I am not aware of.