The Superior Court of Justice of Catalonia has annulled six fines totaling 547,520 euros imposed on Cabify and three companies linked to its VTC. The court does not base its decision on the fact that the Inspection was necessarily wrong about the substance, but on the fact that the Generalitat exceeded the legal maximum deadline of the procedure by 17 days.
The fines originated from actions by the Labor Inspection notified in March 2021 for an alleged illegal transfer of workers.
They affected Maxi Mobility Spain, a company linked to Cabify, and three suppliers.
The TSJC has ruled in favor of the companies for a procedural reason: the file had expired.
Seventeen days that overturn six fines
The Administration exceeded the maximum deadline by 17 days when processing and sending the actions.
This delay nullifies six fines that totaled more than half a million euros.
What it implies for other VTC
The ruling can be used by other companies to review whether the sanctioning procedures that affect them strictly respected the legal deadlines.
That does not mean that all fines against VTC can be annulled nor that the court has declared any hiring model in the sector legal.
Each file will depend on its dates and how it has been processed.
The Generalitat studies the ruling
The Department of Business and Labor has confirmed that it has the ruling and is studying it.
The resolution may still have judicial recourse, including the possibility of appeal to the Supreme Court.