MOIA wins with Noerr in fast-tracked proceedings – Hamburg ride-pooling provider may expand fleet to 1,000 vehicles
Noerr has successfully represented the ride-pooling provider MOIA in fast-tracked proceedings before the Higher Administrative Court of Hamburg. The court has clarified that MOIA, a Volkswagen subsidiary, can initially expand its Hamburg-based fleet to 500 vehicles and following successful evaluation expand it to 1,000 vehicles from 1 January 2021 onwards. (case no. 5 K 4390/18).
Last year, the City of Hamburg authorised the deployment of up to 1,000 vehicles for testing purposes between 1 January 2010 and 31 December 2022. A taxi business owner took legal action against this authorisation by filing a request for fast-tracked proceedings, which has now been rejected by the Higher Administrative Court with a ruling which cannot be appealed. This decision came after an order of the Administrative Court of Hamburg, which was amended by the Higher Regional Court. The lower court had ruled that only 200 vehicles could be used until a decision had been handed down in the main proceedings.
The Higher Administrative Court of Hamburg bases its decision on the fact that the authorisation granted to MOIA for testing purposes does not infringe the applicant’s own rights. The court stated that the applicant could not in particular rely on the freedom to choose one’s occupation protected by Article 12(1) of the German Constitution, since this rule did not grant any protection against competition. “The Higher Administrative Court therefore completely agrees with our legal assessment in its reasoning,” says Associated Partner Christian Mayer, who is conducting all administrative court proceedings for MOIA. He believes that this is an important order with far-reaching legal and practical significance beyond this individual case.” We are happy that MOIA has been able to achieve this important success and can therefore ensure that this new environmentally friendly mobility offer in Hamburg can be tested as planned,” comments Associated Partner Felix Muhl on yesterday’s order.
The fast-tracked proceedings against the authorisation issued to MOIA by the City of Hamburg are thus completed. The applicant’s action filed with the Hamburg Administrative Court against the authorisation granted to MOIS is still pending (case no. 5 K 4390/18).
Advisors to MOIA: Noerr LLP
Christian A. Mayer (Regulatory, Munich), Dr Felix Muhl (Digital Business, Hamburg), Dr Peter Bachmann (Regulatory, Munich, joint lead)
Associates: Hendrik Schlutt (Regulatory, Dresden), Ines Coenen (Regulatory, Munich)
MOIA In-house counsel: Dr Tim Jonas Haack (Head of Legal & Compliance), Dr Ingmar Dathe (Legal Counsel)