The Supreme Court has established in a ruling that VTC vehicle companies can provide transportation services for small goods and not just passengers. The contentious judges have ruled in favor of a company from the Cabify group against the prohibition by the Community of Madrid to stop providing its small goods transport service. The Madrid executive, reproaches the Supreme Court, “has not offered any reason or argument that serves as support for a restriction such as the one it has been advocating, which is neither appropriate nor reasonable, which is why it must be considered contrary to the right to freedom of expression.” company”.
A month after the outbreak of the coronavirus pandemic, Cabify began to provide its parcel service through its subsidiary Prestige&Limousine through the ‘Envíos by PyL’ system. By then it was already in a conflict with the Community of Madrid to be able to provide this service without exposing itself to sanctions and the final notice came at the end of that year: a request from the regional administration to immediately cease this service for small parcels. .
The Supreme Court confirms what the Madrid Superior Court already said: that the administration of Isabel Díaz Ayuso did not justify its ban in the face of a viable transportation possibility for a car that already has a VTC license. “There is no express prohibition in the regulations,” say the judges, that these cars can provide that service. It is an option, they add, that “is viable.”
The laws “clearly allow” these vehicles to carry passengers but also luggage and other different objects as long as “it is compatible with the characteristics of the vehicle and does not imply unjustified inconvenience or inconvenience for travelers.” And these objects do not necessarily have to be the property of the travelers and necessarily their luggage.
The Supreme Court adds that “the Community of Madrid has not offered any reason or argument that supports a restriction such as the one it has been advocating, which is neither appropriate nor reasonable, which is why it must be considered contrary to the right to freedom of business. and the guarantee of market unity.”
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