CASE COMMENTS: PUBLIC ACTIONS – VTC – INCOMPATIBILITY

Entrepreneurial freedom: The French Constitutionnal Court holds that a provision stating the incompatibility between the activity of taxi drivers and the activity of VTC drivers on the basis of free enterprise is unconstitutional (M. Robert)

*This article is an automatic translation of the original article in French, provided here for your convenience. Read the original article. In this case, the Constitutional Council is seized of the constitutionality of article L. 3121-10 of the Transport Code, which provides for the incompatibility of the exercise of the activity of taxi driver with the exercise of the activity of driver of a transport car with driver (VTC). The applicants argued that this provision infringed their freedom of enterprise. The Constitutional Council upheld this argument. In the present case, all three applicants were holders of both a professional card for the activity of taxi driver and a professional card for the activity of VTC driver. The overriding question of constitutionality was raised during

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  • University Paris II Panthéon‑Assas

Quotation

Jeremy Martinez, Entrepreneurial freedom: The French Constitutionnal Court holds that a provision stating the incompatibility between the activity of taxi drivers and the activity of VTC drivers on the basis of free enterprise is unconstitutional (M. Robert), 15 January 2016, Concurrences N° 2-2016, Art. N° 79119, pp. 208-209

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