Brussels has declared illegal the requirement that requires a fleet of at least 3 trucks to operate in the freight sector. The sentence has also repealed the regulations that require a minimum of five buses to establish a passenger transport company. According to the European court “The requirement set by Spanish regulations is discriminatory and disproportionate”. The European Commission denounced Spain in April 2017 for “possible breach of the regulation on access rules” to the merchandise sector, an assessment with which the National Commission of Markets and Competition (CNMC) agreed that it requested the Government that modified some rules of the Land Transport Law (LOTT) in order to adapt them to the regulations of the European Union because “it had a negative impact on consumers and users” when establishing access barriers.
After the publication of the verdict, the Government is obliged to adopt the appropriate measures in order to comply with European regulations, otherwise the European Court may impose the payment of a sum or coercive fine until the sentence is fulfilled. This will force to modify the project of reform of the Regulation of Regulation of the Terrestrial Transports that at present processed the Ministry of Development and that therefore also will affect the transport of passengers in bus.
The ruling has been accepted in various ways in the sector. While the Fenadismer association, which groups small and individual fleets, demands maximum involvement from the government, the Spanish Confederation of Transport of Goods considers the ruling a setback.
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