Eventech Ltd v The Parking Adjudicator & Anor

Eventech Ltd v The Parking Adjudicator & Anor

The exclusion of minicabs from London bus lanes does not breach EU law on freedom to provide services or establishment because Article 56 TFEU is excluded by Article 58(1), and Article 49 TFEU is not engaged as there is no evidence of a real restriction on establishment. The principle of equal treatment is not violated because black cabs and minicabs are not in a comparable legal and factual situation regarding bus lane access, and the distinction is objectively justified by the need for visibility and access for black cabs, enforcement, and bus passenger priority. The Bus Lane Policy is not Wednesbury unreasonable. The policy does not constitute unlawful State aid as it does not affect...

Parties
Claimant: Eventech Ltd; Defendant: The Parking Adjudicator; First 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 After Substantive Hearing
Outcome
Claim dismissed
Legal Topics
Freedom to Provide Services, Freedom of Establishment, Equal Treatment, State Aid, Wednesbury Unreasonableness, Traffic Regulation, Bus Lane Policy
Administrative Law European Union Law Transport Law Freedom to Provide Services Freedom of Establishment Equal Treatment State Aid Wednesbury Unreasonableness +2 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 5 Authorities cited 21 Party arguments 2 Amounts and remedies 7
Sign in to unlock

Parties

Eventech Ltd

Claimant

The Parking Adjudicator

Defendant

London Borough of Camden

First Interested Party

Transport for London

Second Interested Party

Procedural Posture

Judicial Review / Final Judgment After Substantive Hearing

Legal Issues

  1. 1 Whether the exclusion of minicabs from London bus lanes breaches EU law on freedom to provide services (Article 56 TFEU), freedom of establishment (Article 49 TFEU), the principle of equal treatment, or constitutes unlawful State aid (Article 107 TFEU)
  2. 2 Whether the distinction between black cabs and minicabs in bus lane access is objectively justified
  3. 3 Whether the Bus Lane Policy is Wednesbury unreasonable

Ratio Decidendi

The exclusion of minicabs from London bus lanes does not breach EU law on freedom to provide services or establishment because Article 56 TFEU is excluded by Article 58(1), and Article 49 TFEU is not engaged as there is no evidence of a real restriction on establishment. The principle of equal treatment is not violated because black cabs and minicabs are not in a comparable legal and factual situation regarding bus lane access, and the distinction is objectively justified by the need for visibility and access for black cabs, enforcement, and bus passenger priority. The Bus Lane Policy is not Wednesbury unreasonable. The policy does not constitute unlawful State aid as it does not affect...

Court Disposition

Claim dismissed