Wednesday, December 17, 2014

VTC: the Council of State cancels the time between booking and management … – The Obs

VTC: the Council of State cancels the time between booking and management … – The Obs

Paris (AFP) – The State Council said Wednesday it has canceled definitely a decree establishing a period of 15 minutes between the booking and management of customer imposed on passenger cars with driver (VTC) on tension with taxis.

The highest administrative court had already suspended in February this decree published in late 2013 and contested by the VTC who felt too favorable to taxis. She had been particularly struck by the company VTC AlloCab.

The repealed decree provided that “the reservation of a passenger car with driver [was] characterized by respect for a minimum period of fifteen minutes between booking the vehicle and effective customer support. “

According to a spokesman of the State Council, the court reiterated Wednesday that” the legislature had distinguished the particular activity taxis that of VTC of ensuring individual transport customers on terms fixed in advance by the parties and provided to meet the requirement of a prior lease. “

Now” the State Council believes that the government was not allowed to be added to the VTC system of the new conditions that restrict their activity. It therefore considers that the requirement of a minimum of fifteen minutes between booking the vehicle and the care of the customer, which is not required by law and goes beyond the legal requirement for advance booking is illegal, “the source said.

The government had issued December 27, 2013 decree imposing a mandatory 15-minute delay between booking and support the client by the VTC, facing discontent taxis, who feel that their companies are unfair competition.

– “great victory” for the VTC –

VTC societies saw as for them within that time an obstacle to their development, forcing them to double the average of supported <. / p>

“The sword of Damocles disappears completely after 11 months of waiting (…) It is a great victory today for the VTC” responded AlloCab in a statement.

While the State Council examined the use of VTC, a new law governing their activity and the taxi was enacted in early October.

But it is already challenged, particularly by Uber company, attacked for “unfair competition” before the Paris commercial court by VTC supported by taxi, got sent to the Court of Cassation two priority issues of constitutionality (QPC) on whether this text, “Thévenoud law,” respected the principles of equality and freedom of enterprise.

On the merits of the petition, the Commercial Court declined jurisdiction, allowing in practice to Uber company to continue its UberPOP service that connects travelers with motorists wishing to supplement their income, not trained professional drivers.

The judges based their decision on the lack of publication decrees implementing the Thévenoud law, which toughens sanctions against operators VTC not respecting the rules.

The government, reminding qu’UberPOP is already illegal in the present state of the law, said Monday that these orders would place here at the end of the year.

A few dozen taxis had organized snail operations near Paris airports to protest against the “unfair competition” d ‘Uber, whose UberPOP Service seduces with its rates lower than other shipping offers VTC and taxis.

Hascoët Yan, CEO and co-founder of the company VTC-Private Chauffeur, welcomed the decision of the Council of State, saying in a statement that the decision by decree “was unfair, it is now illegal (…) Why artificially prevent us from being effective?”

“But he do not mix everything, the event on Monday taxis concerned a competing business, clearly illegal, and plays on defects in the procedures and a law armada to continue, “said he added in reference to UberPOP.

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