Il punto di equilibrio nella tutela della concorrenza: la Corte rende più labili i confini fra i servizi taxi e di noleggio con conducente

The decision of the Court under comment is part of the long-standing affair that has affected the discipline of the rental business with driver and in which one of the most problematic profiles is represented by the definition of the balance between this type of service and that taxis, both attributable to the local non-scheduled public service. While rejecting most of the complaints proposed, the Constitutional Court has declared the constitutional illegitimacy of the legal provision which entails, for those who perform the rental service with driver (NCC), the obligation to return to remittance before starting any service, since this would imply an unreasonable organizational and managerial burden for the carrier (always forced to make a void return journey to the remittance), as well as disproportionate with respect to the objectives of regulating competition.