The Constitutional Court, with sentence no. 56 filed on March 26, 2020, marked a point in favor of the NCC service by declaring the obligation to return to the remittance after each race illegitimate. This was one of the most controversial and contested points of the Decree Law 135/2018 (Simplification Decree) which in regulating, among other things, the activity of rental with driver had imposed some limitations to differentiate it from the taxi service, but ending up favoring the latter. This is what AGCOM thought a few months ago and this is how the Consulta expressed itself, now opening up new scenarios in the panorama of the non-scheduled public transport service (which includes taxis and NCC). Obviously waiting to return to a normal life once finished, hopefully soon, the Coronavirus emergency.
NCC, ILLEGITIMATE OBLIGATION TO RETURN TO HOME: THE JUDGMENT OF THE CONSULTANT
In detail, the Constitutional Court has practically 'canceled' art. 10 bis paragraph 4 letter e) of Legislative Decree 135/2018 in the part in which it states that 'transport reservations for the rental service with driver must be made at the remittance or the headquarters' (of the rental company), and that the 'the start and end of each single NCC service must take place at these remittances, with return to the same'. In justifying its decision, the Consulta explained that the obligation for vehicles carrying out the NCC activity; to return home after each race involves an unreasonable organizational and managerial burden for the carrier, always forced to make a void journey back to the remittance.
CONSTITUTIONAL COURT: disproportionate measures for the chauffeur service
Furthermore, according to the Court, the obligation is also disproportionate to the objective of ensuring that the NCC service is aimed at a specific and not undifferentiated user, since the need to return each time to the office to collect the requests that there converge can be the same overcome, without interfering with the taxi service, thanks to the possibility, provided among other things by the same law, to use modern technological tools. In other words, returning home does not serve to prevent the rental services with driver from offering a service similar to that of taxis (which, as we have seen, was the purpose of the law), given that to book them you still go through an app or a phone call to the same service.
CONSTITUTIONAL COURT JUDGMENT: SORRIDE UBER
By declaring the law unlawful, the Constitutional Court partially accepted an appeal by the Calabria Region against the state, instead rejecting the part that concerned the attribution of competences regarding local public transport (download the press release here). In the meantime, Uber's reaction has come, the carrier that with its' aggressive 'conduct had provoked the taxi drivers' reaction years ago, inducing politics to intervene in their rescue. After a myriad of appeals and counter-appeals, today Uber offers only the NCC service in Italy, and has obviously welcomed the ruling: “We believe that this decision represents a first step towards the modernization of the law that regulates private transport in Italy. We are committed to being a long-term partner of Italian cities and to working with taxis and NCCs to build the future of mobility together ",