Constitutional Court rules: Uber drivers who applied for a permit on January 15, 2021 can continue to drive (Brussels)
On Friday, the Constitutiontt Court also ruled that Uber drivers who have applied for a Brussels VVC permit on 15 January 2021 can request taxi services in Brussels via UberX. The Court finds the pivot date in the emergency ordinance unconstitutional.
Source† BELGA
The emergency ordinance of “sparadraps ordinance,” came above Uber shutting down the UberX platform on November 26, 2021 after an appeals court arrest, resulting in the estimated 2,000 VVC (driver rental vehicles) drivers.
The temporary solution of the Brussels government makes it possible for the manager-drivers of the VVC sector to start their work in the Brussels Region within a legal framework. But the driver must work on the basis of an operating license that was applied for by 15 January 2021 at the latest.
Several drivers who applied for a VVC license on January 15, 2021 went to the Constitutional Court to obtain the suspension of that pivot date because it would be contrary to the creation of equality and non-discrimination and the freedom of enterprise.
The Constitutional Court now follows them and states that the date of January 15, 2021 (which coincides with the date of an arrest by the Court of Appeal in Brussels in another procedure) is not relevant. With its choice of 15 January 2021, the Brussels law intended that the transitional arrangement would only benefit operators who act in good faith, but the Court points out that operators who submitted an application may also act in good faith. . Furthermore, according to the Court, there is also a disadvantage that is difficult to repair because they cannot work.
The other provisions of the emergency ordinance remain in place. For example, the drivers must be able to prove that they start this activity on average 20 hours a week and thus have established their main occupation. They may also only perform written work that has been pre-ordered via a platform. Picking up customers, parking on the public road or in a taxi place is prohibited. The ordinance is in effect until July 22. By then the Taxiplan, the Brussels government is working, should come into effect. The text has not yet been definitively approved by the government and approved by parliament.
The Constitutional Court has yet to rule on the annulment appeal.