Albrecht Doering

The debate about a minimum fare for journeys with platforms such as Uber or Bolt is gathering pace in Berlin. While the introduction of such a tariff sounds like a setback for the car hire industry at first glance, it could also open up new opportunities. The background to this is the Passenger Transport Act (PBefG), which stipulates strict conditions for the introduction of a minimum fare. § Section 51a of the PBefG only permits a minimum fare if this is necessary to protect the public transport interest. But what does this mean in concrete terms for the hire car industry?

Forecast decisions by the authorities in the case of hire car companies constitute an encroachment on the freedom to choose an occupation under Article 12 of the Basic Law. It is therefore not sufficient for the authorities to cite mere doubts or suspicions.

As part of a preliminary ruling procedure, the European Court of Justice (ECJ) clarified in its judgement of 8 June 2023 (C-50/21 - "Prestige and Limousine") that unequal treatment between taxi companies and car hire companies (for which BOLT and UBER, among others, provide the platform) is inadmissible solely on the basis of economic arguments.