Limiti statali all’esercizio dell’attività di noleggio con conducente

The Court of Justice of the EU has ruled on the validity of the limitation of the number of chauffeur car service licenses in a specific urban agglomeration and on the provision of a second authorization for performing chauffeur car services. Art. 107, par. 1, TFEU is compatible to a regulation that provides the limitation of the number of chauffeur car service licenses as long as that measure do not imply the use of State resources. Such limitation, in order not to conflict with art. 49 TFEU, must achieve the objectives of proper management of transport, traffic, public space, and protection of its environment. The second authorization is compatible with art. 49 TFEU only if based on objective, non-discriminatory, known in advance and non-arbitrary criteria.