Uber vehicle in Mallorca

Uber started operating in Mallorca a couple of weeks ago. | Pilar Pellicer

Andrew EdePalma20/06/2023 07:48
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Uber started operating in four municipalities in Mallorca a couple of weeks ago. Since then, Uber vehicles have been confusingly referred to as Uber taxis, when in terms of the licensing of the vehicles they are not taxis.

Licences to operate are VTC (transport vehicle with driver). A VTC vehicle is subject to a Balearic law of 2019 which requires a minimum of thirty minutes advance booking. There are two companies which own VTC licences - more than 200 - that could be used for Uber purposes. These companies appealed the Balearic law to the Supreme Court in Madrid, maintaining that it violated a constitutional right of freedom of enterprise.

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The Balearic attorney's office and taxi associations argued that the law was constitutional. The Supreme Court considered the appeal. In so doing, the court took account of its judgements in respect of other regions - the Basque Country most notably. The court had overturned the 30-minute requirement in the Basque Country. But there was a difference to the situation in the Balearics in that this had not been established in law.

The court concluded that the Balearic requirement was unlawful, but because the appeal was on constitutional grounds, it did not have competence to pass judgement. It therefore referred the matter to the Constitutional Court, which has admitted the appeal and will issue its judgement.

This could take some months, but if the Constitutional Court were to rule against the Balearic law, a key impediment to the operation and expansion of Uber in Mallorca and the Balearics would be removed.