Hogan Lovells succeeds before the Italian Constitutional Court in two cases involving PHV services and innovative transportation services
Rome, 14 March 2024 – Global law firm Hogan Lovells obtained two favourable judgements in the interest of ANITRAV (the National Association of PHV service providers), in two cases before the Italian Constitutional Court. The dispute regarded the legitimacy of certain national rules hindering the issuances of new PHVs authorizations and the use of innovative services, such as online platforms.
The Italian Constitutional Court, criticizing Italian existing law which has prevented the issuance of new PHV licenses for over 5 years, decided to self-refer to itself the lawfulness of the ban with Constitutional provisions. The decision has been issued by relying on a self-referral power which the Italian Constitutional Court has rarely exercised in over 70 years of activity. Even though the final decision will be issued after a further dedicated hearing, the court has already expressed its concerns holding that the “ban or suspension of the issuance of licences necessary for the exercise of economic activities may result in an undue barrier to market entry, which is also contrary to the freedom of access to the market guaranteed by the Constitution”.
Moreover, in another case regarding the regulatory framework of PHV and taxi services, the Italian Constitutional Court held that a ban on the provision of innovative services through PHV services in Italy would constitute a protectionist measure in favour of taxis, undermining not only the freedom of private economic initiative, but also consumer’s rights.
The Hogan Lovells team was composed of partner Marco Berliri and senior associate Valerio Natale.
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