Blablacar open third front court related to the Spanish market. Since Blablacar -old Comuto – began to operate in France a few years ago, only has had problems within Spain. First he started a war with the bosses of the bus, to understand this collective Blablacar is a competitor unfair.
Is seen to sentence the conflict between Blablacar and the sector of the bus, the judge of Mercantile number 2 of Madrid has to pronounce about it. If the judge understands that Blablacar provides a service of transport, one could speak of unfair competition. If, in contrast, is considered to be a digital company that only makes a mediation, Blablacar would be right.
After he got in the garlic Community of Madrid, which opened three disciplinary proceedings in the matter of transport: one for Blablacar and the other two for drivers who allegedly lucraron. According to the CAM, these drivers were more than 19 cents per mile, the barrier that brand Finance in this type of matters.
For the Community of Madrid, Blablacar is a company that performs transportation services, and that is why you need a license. Under the point of view of Blablacar is not the case. Such a license is not required in any country in Europe, and, according to his criterion, is a license that can’t get even if they want to.
therefore, Blablacar understand that the Community of Madrid is hindering the free provision of services within the scope of the European Union, and has gone to the European Commission for clarification of the supranational institution. Blablacar has never defined itself as a transportation company, but a social network that puts in contact travelers and drivers.
Blablacar already warned that it would resort to the EU
This process can take up to 18 months, according to the forecast of Blablacar. For when it is decided whether there will be a court ruling on the conflict with the companies of the sector of the bus, and probably have resolved the administrative resources to records raised by the Community of Madrid. A resource can be favorable when managed, or the opposite.
Blablacar has clear, car sharing in Spain is legal, and will remain so. Recently updated the terms and conditions of the platform (effective from December), and fell more in some aspects in order to avoid potential abuses and situations that are out of legality. In theory, any driver can make a profit, but it is something more linked to your responsibility than anything else.
Analyzing the regulation applicable, which is the LOTT and the ROTT, you can share the expense of a trip between several people who are close to you, that is to say, they have some type of social bond or equivalent. If you look at the law in a very literal way, it would not be possible to share journeys with strangers overall, although there is profit.
In the case of wanting to make a profit, the driver needs an administrative licence for the transport of persons, must have a civil liability insurance specific (such as taxi drivers), pay a series of taxes, do paperwork… According to Blablacar, drivers that accept the average price proposed is not lucrarán, that is to say, they will not gain benefits.
If we add the amounts of the sanctions in Madrid for the platform and for the two conductors, talk of 16.800 euros. Are divided between the penalties for the driver, 4.000 euros per head, and two sanctions of up to € 4,000 and another 800 for Blablacar, depending on the legal precept that is allegedly infringed.
Spain is a country that resists more to the economy collaborative when they click a bone in the legal system, one need only recall what happens with Uber and Airbnb. We have the legislation that we have, and must be complied with. A country with rules more lax there would be problems for the activity of Blablacar, and even there would be greater tolerance with respect to the profit of the drivers, up to a certain point.
If I give an unbiased opinion, neither the CAM nor Blablacar have reason at 100%. It is evident that Blablacar is not a business of transportation services, but there is a lot to be, in addition to that it is striking that only have discovered two drivers making. Any price rises the average amount (orange or red) in the app begins to be suspected of having for-profit.