By the decision of the Supreme Court, community of madrid absolute Reconsider the issuance of 1,000 VTC licenses rejected in 2018. The Controversial Administrative Chamber of the supreme court partially approved the appeal submitted by the company Maxi Mobility Spain against the decision of the regional administration on which the permits were based. will exceed 1 license limitation VTC for every 30 taxi fares.
The decision published this Wednesday explains that the repeal of the rejection law does not mean automatic approval of concessions. What is ordered here is that the Autonomous Administration re-evaluate the applications and reverse the procedure to apply the rule in force at that time. So, Quantity limitation cannot be imposed It is regulated in Article 181.3 of the 1/30 Land Transportation Operation Law Regulation.
CJEU jurisprudence
The Supreme Court stated that the Court of Justice of the European Union found last June that it was possible to limit VTC/Taxi powers by 1/30. It does not mean covert aid from state to state taxi, but this contrary to freedom of establishment This is enshrined in the EU constitution itself. The caveat is, on the one hand, that the restrictive measure has proven to be appropriate or appropriate to achieve the objectives of good management of transport, traffic, public space and environmental protection, and on the other hand, that these measures are ensured. to achieve these goals.
Numerical reasons
In this particular case, the Supreme Court draws attention to the fact that the Community of Madrid did not examine whether the official requirements for the granting of VTC licenses were met, but limited itself to applying a “purely numerical extrinsic prohibitive reason”. truth, vetoed granting any authority this increased the number of VTCs already in existence.
Therefore, the issue of licensing requires re-analysis. The decision includes the following statements: “No matter how correct the Administration’s behavior is, there is no doubt that this Court, acting in the case, cannot give permission without the Administration verifying this situation.” compliance with requirements We declare that the legislation requires that the requested permits be granted in accordance with the legislation in force at the time the request was made official.” Therefore, the procedure to the competent Administration continues to operate retroactively.