Ncc, the Council: "The ban on issuing new licenses is unconstitutional".

The ban on issuing new authorizations for the rental service with driver (NCC) is unconstitutional. This is what we learn from judgment with which the Consults declared it illegitimatearticle 10-bis, paragraph 6, of legislative decree no. 135 of 2018.

The ruling, on a preliminary basis, clarified that the recent adoption of decree no. 203 of 2024 of the Ministry of Infrastructure and Transport, which establishes the "full operation" of the computer register starting from one hundred and eighty days from its publication, "has no impact on the present judgment, since the complaints were raised on the legislative provision" because of his "structure"regardless of the circumstances "in fact" and by “contingent circumstances” relevant to its concrete application.

And this is because - explains the Council - it is precisely the configuration of the contested provision that allowed the administrative authority to block the entry of new operators into the NCC market by simply postponing, "with the succession of decrees (i.e. with their issuing and subsequent suspension), the full operation of the computer register", as concrete historical events have demonstrated.

For the judges it is “remained completely unheard – the sentence observed – the concern of the Competition and Market Authority (Agcm) aimed at highlighting that “the expansion of the offer of non-scheduled public services responds to the need to cope with high and largely unsatisfied demand, especially in metropolitan areas, usually characterised by higher traffic density and the inability of public transport and taxi services to fully cover the mobility needs of the population”.

The contested rule has therefore caused, disproportionately, "a serious damage to the interest of citizens and the entire community".

The President of the Calabria Region does not hide his satisfaction with what has been established, Roberto Occhiuto. «The Consulta - comments - rejected both appeals by Palazzo Chigi against our two regional laws built with the aim of distributing new NCC licenses in Calabria to favor the mobility of citizens and tourists».

For the secretary of +Europa, Riccardo Magi, the sentence «dismantle the barrier to competition raised by those who persist in defending the taxi drivers' lobby» e «gives another blow to the anti-competition wall built in recent years by practically all the parties».

Uber states that the decision «It puts an end to a stalemate that lasted over 6 years and removes the obstacles to the endemic shortage of non-scheduled transport services in Italian cities, where the situation is dramatic».