TfL policy on black cabs using bus lanes survives European Court challenge

The practice of allowing black cabs but not minicabs to use bus lanes in London does not amount to the conferring of a selective economic advantage, the Court of Justice of the European Union has ruled.

The challenge to Transport for London’s policy had been brought by Eventech, a subsidiary of minicabs operator Addison Lee.

In Eventech (Judgment) [2015] EUECJ C-518/13 the ECJ said black cabs and minicabs were “in factual and legal situations which are sufficiently distinct to permit the view that they are not comparable and that the bus lanes policy therefore does not confer a selective economic advantage on black cabs”.

The court also noted that “only black cabs can ply for hire; they are subject to the rule of ‘compellability’; they must be recognisable and capable of conveying persons in wheelchairs, and their drivers must set the fares for their services by means of a taxi meter and have a particularly thorough knowledge of the city of London”.

The court concluded that:

1. The practice of permitting, in order to establish a safe and efficient transport system, black cabs to use bus lanes on public roads during the hours when the traffic restrictions relating to those lanes are operational, while prohibiting minicabs from using those lanes, except in order to pick up and set down passengers who have pre-booked such vehicles, does not appear, though it is for the referring court to determine, to be such as to involve a commitment of State resources or to confer on black cabs a selective economic advantage for the purpose of Article 107(1) TFEU.
2. It is conceivable that the practice of permitting black cabs to use bus lanes on public roads during the hours when the traffic restrictions relating to those lanes are operational, while prohibiting minicabs from using those lanes, except in order to pick up or set down passengers who have pre-booked such vehicles, may be such as to affect trade between Member States within the meaning of Article 107(1) TFEU, which it is for the referring court to determine.

The ruling was welcomed by TfL. Its Managing Director of Surface Transport, Leon Daniels, said: “Our policy on bus lanes was upheld by the High Court. We welcome the opinion from the Advocate General and now the European Court of Justice, but ultimately await the decision of the Court of Appeal. As this process continues we are maintaining our well-understood and effective policy that helps to keep London moving in the interest of everyone.”