Facts
The Federal Tribunal partially upheld the appeal of two taxi operators against the amendments to the Intercommunal Regulation on the Taxi Service (RIT) in the Lausanne region. The dispute mainly concerned the conformity of the system for allocating type A taxi operating licenses (with public domain parking permits) with the obligation to organize a public tender procedure provided for in the Federal Act on the Internal Market (IMA). The facts can be summarized as follows: - In 1964, several municipalities in the Lausanne region established the Intercommunal Taxi Service of the Lausanne District, which adopted the RIT. - In 2015, the Intercommunal Council amended the RIT to accelerate the rotation rate of the A licenses. - Two taxi operators appealed against these amendments, citing in particular a violation of economic freedom and equal treatment between competitors.Considerations
The Federal Tribunal partially upheld the appeal. It considered that the system for allocating A licenses under the RIT resulted, at least by analogy, in the transfer of a monopoly concession in favor of the A taxi operators. Therefore, pursuant to Art. 2(7) IMA, the allocation and renewal of these licenses had to be the subject of a transparent and non-discriminatory public tender procedure. However, the RIT only provided for such a public tender procedure for the renewal of the A taxi company licenses after 24…