# C_2023261EN.01001801.xml

| 24.7.2023 | EN | Official Journal of the European Union | C 261/18 |
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24.7.2023

EN

Official Journal of the European Union

C 261/18

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Judgment of the Court (First Chamber) of 8 June 2023 (request for a preliminary ruling from the Tribunal Superior de Justicia de — Spain) — Prestige and Limousine SL v Área Metropolitana de Barcelona, Asociación Nacional del Taxi (Antaxi), Asociación Profesional Élite Taxi, Sindicat del Taxi de Catalunya (STAC), Tapoca VTC1 SL, Agrupació Taxis Companys

(Case C-50/21, (1) Prestige and Limousine)

(Reference for a preliminary ruling - Article 49 TFEU - Article 107(1) TFEU - Private-hire vehicles (PHVs) - Licencing scheme involving the issue, in addition to a licence to provide urban and interurban transport services throughout the national territory, of a second operating licence in order to be able to provide urban transport services in a metropolitan area - Limitation of the number of licences for PHV services to one thirtieth of the licences for taxi services)

(2023/C 261/26)

Language of the case: Spanish

Referring court

Tribunal Superior de Justicia de Cataluña

Parties to the main proceedings

Applicant: Prestige and Limousine SL

Defendants: Área Metropolitana de Barcelona, Asociación Nacional del Taxi (Antaxi), Asociación Profesional Élite Taxi, Sindicat del Taxi de Catalunya (STAC), Tapoca VTC1 SL, Agrupació Taxis Companys

Operative part of the judgment

| 1. | Article 107(1) TFEU does not preclude legislation applicable in a conurbation which provides, first, that a specific licence is required in order to carry on the activity of hiring out private-hire vehicles in that conurbation, in addition to the national licence required for the provision of urban and interurban private-hire vehicles, and, secondly, that the number of licences for such services is limited to one thirtieth of the taxi service licences issued for that conurbation, provided that those measures are not such as to involve a commitment of State resources within the meaning of that provision. |
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1.

Article 107(1) TFEU does not preclude legislation applicable in a conurbation which provides, first, that a specific licence is required in order to carry on the activity of hiring out private-hire vehicles in that conurbation, in addition to the national licence required for the provision of urban and interurban private-hire vehicles, and, secondly, that the number of licences for such services is limited to one thirtieth of the taxi service licences issued for that conurbation, provided that those measures are not such as to involve a commitment of State resources within the meaning of that provision.

| 2. | Article 49 TFEU does not preclude legislation, applicable in a conurbation, providing that a specific licence is required in order to carry on the activity of hiring out private-hire vehicles in that conurbation, in addition to the national licence required for the provision of urban and interurban private-hire vehicles, if that specific licence is based on objective, non-discriminatory criteria which are known in advance, exclude any arbitrariness and do not duplicate controls that have already been carried out as part of the national licencing procedure, but meet the particular needs of that conurbation. |
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2.

Article 49 TFEU does not preclude legislation, applicable in a conurbation, providing that a specific licence is required in order to carry on the activity of hiring out private-hire vehicles in that conurbation, in addition to the national licence required for the provision of urban and interurban private-hire vehicles, if that specific licence is based on objective, non-discriminatory criteria which are known in advance, exclude any arbitrariness and do not duplicate controls that have already been carried out as part of the national licencing procedure, but meet the particular needs of that conurbation.

| 3. | Article 49 TFEU precludes legislation applicable in a conurbation which provides for a limitation of the number of licences for private-hire vehicles to one thirtieth of the taxi service licences issued for that conurbation, where it is not established either that that measure is suitable for ensuring, in a coherent and systematic manner, the attainment of the objectives of sound management of transport, traffic and public space in that conurbation and of the protection of its environment or that it does not go beyond what is necessary in order to attain those objectives. |
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3.

Article 49 TFEU precludes legislation applicable in a conurbation which provides for a limitation of the number of licences for private-hire vehicles to one thirtieth of the taxi service licences issued for that conurbation, where it is not established either that that measure is suitable for ensuring, in a coherent and systematic manner, the attainment of the objectives of sound management of transport, traffic and public space in that conurbation and of the protection of its environment or that it does not go beyond what is necessary in order to attain those objectives.

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(1)  OJ C 228, 14.6.2021.

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