In addition, it prohibited its geolocation.
The Spanish high court thus confirms the position of the Superior Court of Justice of the Basque Country (TSJPV).
This considered in 2021 considered in separate judgments that these two restrictions excessively and disproportionately limited access to the market for VTC license holders.
The Supreme confirms
The Supreme Court shares this argument and establishes as jurisprudential doctrine that both restrictions “are not considered compatible with the right to free enterprise”
It also establishes that it does not exceed the canon of necessity, adequacy and proportionality required by article 5 of the Market Unity Guarantee Law.
For this reason, it dismisses the appeals presented by the Basque Government and by various taxi associations.
This confirms two sentences issued in their day by the TSJPV, as reported in a note by this judicial body.
Hire VTC with 30 minutes
The Supreme Court considers that forcing a VTC to hire a minimum of 30 minutes “constitutes a very notable limitation for the exercise of this business activity, since the client seeks to provide this type of service in the shortest possible time and for the price most advantageous possible.
For this reason, it understands that this requirement to use a VTC supposes “a high risk of preventing the exercise of this business activity contrary to article 38 of the Constitution.”
It also rejects that this limitation helps to avoid fraud -an argument put forward by the Basque Government- because the client cannot contract directly with the driver but must do so electronically with the company.
It is done through a digital application and through a prepaid mechanism in which the price is calculated before contracting.
Regarding the prohibition of the geolocation of vehicles that have not been previously contracted, the Supreme Court believes that knowing the location of the available cars “is in the interest of consumers because they can use the application to opt for the one that offers the shortest delivery time.” wait”. EFE