The Constitutional Court rejected most objections to the reform of the Brussels taxi sector last Thursday, according to the Belgian taxi organisation GTL.
The ordinance of 9 June 2022 creates a unified taxi sector, distinguishing between taxi ranks, street taxis and ceremonial taxis, to which different rules apply. The Court does find that a cooperation agreement should have been concluded between the three regions on interregional journeys.
The ordinance also provides for transitional measures, in particular for holders of a licence granted under the previous legislation to operate traditional taxi services.
Several market players requested the partial annulment of the ordinance. The Court largely rejects the objections of the applicants, including the impossibility for legal persons to obtain an operating licence for taxis, the rules regarding booking intermediaries and the transitional measures.
On the other hand, the Constitutional Court ruled that a cooperation agreement should have been concluded between the three regions with regard to interregional journeys. thus annuls the provision of the ordinance which regulates this point "unilaterally". It is about Article 3, 1°, second paragraph. Please note that this provision is declared null and void, but the Court maintains its effects until 30 June 2027 at the latest.
The applicants criticised the Brussels conditions under which holders of a Flemish or Walloon permit may carry out taxi rides on the territory of the Brussels-Capital Region. According to them, the three Regions should first have concluded a cooperation agreement on this matter, in accordance with a provision of the special law of 8 August 1980 on institutional reforms. The Court follows this reasoning. This must be regulated in a cooperation agreement.
Conclusion: in the absence of an interregional cooperation agreement, nothing will change until 30 June 2027 for holders of a Flemish or Walloon permit who operate taxi rides in the Brussels-Capital Region.
