Constitutional Court Declares Restrictions on PHVs Unconstitutional and Safeguards Mobility Innovation

"Hogan Lovells secured a favourable Constitutional Court judgment for ANITRAV, which declared unconstitutional provisions imposing disproportionate restrictions on PHV/NCC operators — including a mandatory 20-minute booking interval, bans on long-term agreements with intermediaries, and exclusive use of a ministerial ride-registration platform — protecting free enterprise and mobility innovation."

Hogan Lovells represented ANITRAV (the National Association of PHV service providers). The firm secured a favourable judgment in proceedings before the Constitutional Court concluded with Judgment no. 163/2025, published on 4 November 2025. The Court declared unconstitutional the provisions that imposed disproportionate restrictions and obligations on NCC/PHV operators purportedly aimed at ensuring fair competition with taxi services, and noted that those measures intruded upon regional competence over "local public transport." Specifically, the Court struck down the provisions that required a minimum 20-minute interval between the booking and the start of the service; prohibited the conclusion of long-term agreements with entities engaged, even indirectly, in intermediation activities; and obliged PHV operators to use exclusively a ministerial digital platform for the registration of rides. The Court held that these measures reproduced effects already found unconstitutional by Judgment no. 56/2020 and unjustifiably restricted free economic initiative and the development of innovative mobility models. Hogan Lovells represented ANITRAV with a team composed by: Valerio Natale; Marco Berliri.

Constitutional Court Declares Restrictions on PHVs Unconstitutional and Safeguards Mobility Innovation

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