Eventech (Judgment) [2015] EUECJ C-518/13 (14 January 2015)

Eventech (Judgment) [2015] EUECJ C-518/13 (14 January 2015)

Permitting Black Cabs to use bus lanes, while prohibiting minicabs except for pick-up/set-down, does not involve a commitment of State resources or confer a selective economic advantage under Article 107(1) TFEU, as the infrastructure is not commercially operated, no revenue is forgone, and Black Cabs and minicabs are not in a comparable legal or factual situation. However, it is conceivable that the policy may affect trade between Member States, which is for the referring court to determine.

Citation
[2015] EUECJ C-518/13
Parties
Applicant: Eventech Ltd; Respondent: Parking Adjudicator; Interested Party: Transport for London (TfL)
Jurisdiction
European Union
Judgment Date
14 January 2015
Procedural Posture
Preliminary Ruling (reference for a Preliminary Ruling) / Ruling by the Court of Justice of the European Union (cjeu) on Referred Questions
Outcome
Questions answered; no finding of State aid under Article 107(1) TFEU; possible effect on trade between Member States left to national court.
Legal Topics
State Aid, Article 107(1) TFEU, Public Infrastructure Access, Selective Economic Advantage, Distortion of Competition, Effect on Trade Between Member States
European Union Law Competition Law Transport Law State Aid Article 107(1) TFEU Public Infrastructure Access Selective Economic Advantage Distortion of Competition +1 more

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Parties

Eventech Ltd

Applicant

Parking Adjudicator

Respondent

Transport for London (TfL)

Interested Party

Procedural Posture

Preliminary Ruling (reference for a Preliminary Ruling) / Ruling by the Court of Justice of the European Union (cjeu) on Referred Questions

Legal Issues

  1. 1 Whether permitting Black Cabs but not minicabs to use bus lanes involves State resources under Article 107(1) TFEU
  2. 2 Whether such a policy confers a selective economic advantage on Black Cabs
  3. 3 Whether the policy is liable to affect trade between Member States

Ratio Decidendi

Permitting Black Cabs to use bus lanes, while prohibiting minicabs except for pick-up/set-down, does not involve a commitment of State resources or confer a selective economic advantage under Article 107(1) TFEU, as the infrastructure is not commercially operated, no revenue is forgone, and Black Cabs and minicabs are not in a comparable legal or factual situation. However, it is conceivable that the policy may affect trade between Member States, which is for the referring court to determine.

Court Disposition

Questions answered; no finding of State aid under Article 107(1) TFEU; possible effect on trade between Member States left to national court.

Orders

  • The practice does not appear to involve State resources or confer a selective economic advantage under Article 107(1) TFEU, subject to national court determination.
  • It is conceivable the practice may affect trade between Member States, subject to national court determination.