Taxi “red band” also between the canals in Venice. Returned the boat confiscated 8 years ago
After eight years of appeals, sentences, appeals, sensational protests (he was chained to Ca ‘Farsetti) Ugo Bacci finally won his battle: the Municipality of Venice will have to return the rental taxi to him – registered to Blue Srl, “red band” and license granted by the Municipality of Jesolo – which the local police had confiscated from him in 2014, after he had stopped because he had picked up two customers at the San Cassiano hotel, to take them to the airport. Transport prohibited to a motorboat – the Municipality believed – which could only operate to and from Jesolo. Thus, in addition to the 371 euro fine, the confiscation had arrived.
This was not the case with the Court of Cassation which, accepting the appeal presented by the lawyers Monica Volpato and Genny Galesso, ordered the Court of Appeal to reformulate its sentence also taking into account one principle: it cannot be sanctioned as totally abusive (therefore the confiscation of the vehicle) a person who holds a rental license with driver, even if issued by another Municipality.
The confiscation of the boat is valid only for squatters tout court. And so in recent days the appellate judges canceled the injunction order issued by the Municipality in 2014 and ordered Ca ‘Farsetti to rise again in Bacci and Blue for legal fees for over 12 thousand euros.
Personal affair closed, but with a possible public impact on water traffic in the larger city.
The ruling gives information regarding – in fact – the activity of the 14 boats in circulation with chartering licenses issued by other Municipalities: according to the reading that the legal office of Ca ‘Farsetti now gives, only the prohibition to cross the Grand Canal.
The decision of the Court of Appeal – in aligning with the indications of the Supreme Court, on the fact that one cannot equate someone with a “red” license to an abusive transporter, even if found working in the canals of the historic city – reminds us that “the The provision obliged the carrier to start and finish every single NCC rental service at the garage in the Municipality that had the authorization, was declared unconstitutional with sentence 56/2020 of the Constitutional Court, resulting in an unreasonable organizational and managerial burden, as despite can pick up and take a user to their destination in any place – to make a return trip to the “empty” garage, before forcing them to start a new service ».
The appellate judges rejected the questions of constitutionality raised – during the last proceeding – by the Municipality and denied Ca ‘Farsetti the possibility of a preliminary appeal to the European Court of Justice, because it is a matter of national law.