The Supreme Court has declared null and void the article of Decree 46/2019 of the Balearic Islands that obliged to book 30 minutes in advance the services of a vehicle for transport with driver (VTC) in Mallorca. In this way, the Contentious-Administrative Chamber of the Supreme Court upholds the appeal filed by two companies against this regulatory provision and points out in its ruling that this obligation“is not considered compatible with the right to freedom of enterprise nor exceeds the canon of necessity, adequacy and proportionality” required by law. The appeal was filed against a judgment issued by the High Court of Justice of the Balearic Islands (TSJIB) in 2021. Last September the Constitutional Court unanimously endorsed the question of unconstitutionality raised by the Supreme the Supreme Court on this case. Now, the Supreme Court emphasizes that its response is the same as the one it gave in February 2023 to a similar case referring to the Basque Country, with the difference that on that occasion they referred to a regulatory rule – which they annulled – and on this occasion, the regulatory precept in question had the backing of an autonomous rule of legal rank.
