The Constitutional Court ratifies the rental of VTC in less than 30 minutes in the Balearic Islands and suspends the minimum pre-hiring of chauffeur-driven vehicles (VTC) established in a law of the Balearic government.
Thus, the plenary session of the Constitutional Court unanimously examined the question of unconstitutionality raised by the Supreme Court regarding an article of Decree-Law 1/19, of February 22, of the Balearic Islands, which establishes the obligation to reserve the VTC service 30 minutes before its availability.
As reported by the TC this Tuesday, the ruling considers the measure as contrary to the freedom of enterprise, as proposed by the Supreme Court in 2023 and indicates that “unreasonably hinders” the activity of VTCs.
As reported by the Constitutional Court, all judges supported the President’s criteria, Enrique Arnaldo, for which the prohibition on contracting VTC services with less than half an hour’s notice violates Article 38 of the Magna Carta.
The Court considers that the 30-minute minimum pre-treatment measure introduced in the decree-law pursued constitutionally legitimate aims, such as the search for a balance between the taxi and VTC sectors. However, it considers that this specific rule is not appropriate and is not justified.
Thus, he emphasizes, this places VTCs in a “competitive disadvantage” situation. in the only segment in which they operate and, furthermore, that it does not offer protection to the consumer, as it represents a restriction on the activity of one of the subjects that provide the passenger transport service.
According to the verdict, the way in which this ban on renting less than half an hour before the service contributes to achieving the objectives of the decree is not justified and is not appropriate because it places VTCs in a position of competitive disadvantage in the sector of pre-contracting for transport services.
Furthermore, the judges who signed the ruling say, it does not offer protection to consumers because it restricts the activity of some of the companies that provide these services and does not preserve the pre-contract regime, which is already part of the conditions of the VTCs themselves.
