The Supreme Court has declared void the article of Decree 46/2019 of the Balearic Islands which required book 30 minutes in advance the services of a transport vehicle with driver (VTC) on the island of Mallorca.
Thus, the Contentious-Administrative Chamber of the Supreme Court accepts the appeal presented by two companies against this regulatory provision and indicates in its judgment that this obligation “is not considered compatible with the right to freedom of enterprise and does not exceed not the cannon.” necessity, adequacy and proportionality” required by law.
The appeal has been filed against a judgment handed down by the Superior Court of Justice of the Balearic Islands (TSJB) in 2021. Last September, the Constitutional Court unanimously approved the question of unconstitutionality raised by the Supreme Court in this case.
However, the Supreme Court emphasizes that its response coincides with that which it gave in February 2023 in a similar case concerning the Basque Country, with the difference that on this occasion it referred to a regulatory standard – which it annulled – and in this case, the controversial regulatory precept was supported by an autonomous norm with legal status.
(news in extension)
