Eventech Ltd v The Parking Adjudicator & Anor [2012] EWHC 1903 (Admin) (11 July 2012)

Eventech Ltd v The Parking Adjudicator & Anor [2012] EWHC 1903 (Admin) (11 July 2012)

The exclusion of minicabs from bus lanes is objectively justified by imperative requirements in the general interest, including congestion reduction, safety, and accessibility. The distinction between black cabs and minicabs is lawful, proportionate, and non-discriminatory. The policy does not breach EU law, does not constitute unlawful State Aid, and is not Wednesbury unreasonable.

Citation
[2012] EWHC 1903 (Admin)
Parties
Claimant: Eventech Ltd; Defendant: The Parking Adjudicator; Interested Party: London Borough of Camden; Second Interested Party: Transport for London
Jurisdiction
England and Wales
Judgment Date
11 July 2012
Procedural Posture
Judicial Review / Final Judgment
Outcome
Claim dismissed
Legal Topics
Bus Lane Policy, Freedom to Provide Services, Freedom of Establishment, Equal Treatment, State Aid, Traffic Regulation
Administrative Law European Union Law Transport Law Bus Lane Policy Freedom to Provide Services Freedom of Establishment Equal Treatment State Aid +1 more

Case Brief

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Parties

Eventech Ltd

Claimant

The Parking Adjudicator

Defendant

London Borough of Camden

Interested Party

Transport for London

Second Interested Party

Procedural Posture

Judicial Review / Final Judgment

Legal Issues

  1. 1 Whether the exclusion of minicabs from London bus lanes violates EU law (Articles 49, 56, 107 TFEU)
  2. 2 Whether the Bus Lane Policy is Wednesbury unreasonable
  3. 3 Whether the policy constitutes unlawful State Aid

Ratio Decidendi

The exclusion of minicabs from bus lanes is objectively justified by imperative requirements in the general interest, including congestion reduction, safety, and accessibility. The distinction between black cabs and minicabs is lawful, proportionate, and non-discriminatory. The policy does not breach EU law, does not constitute unlawful State Aid, and is not Wednesbury unreasonable.

Court Disposition

Claim dismissed

Orders

  • The decision of the Parking Adjudicator is quashed as erroneous in law.
  • The Bus Lane Policy is upheld as lawful and proportionate.