12.12.2022

EN

Official Journal of the European Union

C 472/29

(Case C-475/22)

(2022/C 472/32)

Language of the case: Spanish

Referring court

Parties to the main proceedings

Applicant: Maxi Mobility Spain, S. L. U.

Respondents: Comunidad de Madrid, Asociación Nacional del Taxi, Asociación Taxi Project 2.0

Questions referred

Spanish national legislation considers the maintenance of a taxi service to be a form of urban transport using vehicles with driver in the public interest and therefore subjects it to intense administrative regulation in order to guarantee quality objectives, user protection, transport policy and environmental policy, including fare control. In view of that national legislation,

Is it compatible with the principle of freedom of establishment to impose limitations on other urban transport services using vehicles with driver, such as PHV, subject to the principle of proportionality, in order to ensure the compatibility and complementarity of those other models of the same activity with that of taxis?

If the answer to the previous question is in the affirmative, is it compatible with the principle of freedom of establishment to impose, as regards urban transport services using vehicles with driver other than taxi services, such as PHV, the specific restrictive measure of establishing a maximum ratio of authorisations in respect of taxi licences, such as the 1/30 ratio laid down in the Spanish legislation, subject in its application by the competent administration to the principle of proportionality?

Is the restrictive measure for PHV of establishing a 1/30 licence ratio as described in the previous question compatible with the prohibition on State aid under Article 107 of the Treaty on the Functioning of the European Union?