FlixBus will appeal court ruling on the terminal of Sete Rios

A FlixBus will appeal to the judgment of the South Administrative Central Court (SCT) which revoked the sentence of the first instance that determined the immediate access of the operator to the Sete Rios Terminal in Lisbon, today announced the German multinational.

“FlixBus regrets the court’s decision, which it considers to be based on wrong assumptions, and will appeal the judgment”, the bus operator advanced a note sent to Lusa.

Pointing out that the judgment “focuss exclusively on procedural issues and does not pronounce itself on the existence of capacity at the terminal,” FlixBus argues that “the proof that there is capacity in Sete Rios is the deliberation of the AMT [Mobility and Transport Authority] which ordered the Express Network to grant access to FlixBus and the fact that FlixBus has been operating 23 hours a day since September 29, also having permission from the terminal to start 16 more hours in November.”.

“ In addition to these times, there are still 16 other ‘slots’ already authorized by the Express Network”, he says.

However, he adds that “these require an authorisation application from the IMT for new lines, a process that may take up to eight months”.

As Lusa reported, TCAS revoked the sentence that determined FlixBus' immediate access to the Sete Rios Terminal in Lisbon because it considered the urgent procedural means used by the German company to claim this right inappropriate.

Following an appeal by the National Express Network (RNE), manager of the Sete Rios Terminal and simultaneously bus operator, TCAS determines – in a judgment dated 29 October – that the subpoena for the protection of rights, freedoms and guarantees brought by FlixBus to demand access to the terminal is not the appropriate procedural means in this case.

Thus, the TCAS granted to the appeal of the RNE, repealing the sentence of March last of the Administrative Court of Circle of Lisbon that determined “the immediate granting of access” of the German operator to the Bus Terminal of Sete Rios.

To Lusa, official source of the Network Expresses responded by saying that “relative to Flixbus or any other operator, it will continue to give access to the Sete Rios Terminal in compliance with the law, the terminal regulation and its operational and security conditions”.

As terminal manager, NNE has to provide equal competitive access conditions for all operators, respecting operational availability and infrastructure security conditions.

Pointing out that this has been, from the outset, the position defended by you, the RNE argues that it is conditioned by the current overcrowding of the terminal, only being obliged to give access when the requested times do not call into question the respective operation and safety.

In the judgment now known, however, the TCAS does not assess the merits of FlixBus' claim to full access to the terminal, since it repeals the decision of the first instance on the basis of an essentially procedural basis.

Thus, the court does not even rule on the legitimacy of the constraints imposed on FlixBus’ access, but merely reinforces that the management of the terminal, although made by a private entity, is subject to public duties and administrative jurisdiction.

The sentence of the first instance, now fully revoked by the TCAS, had determined, among other obligations, that the RNE would allow FlixBus access to the Terminal Sete Rios within the capacity effectively available, identifying for this purpose the availability of quays and parking, individually evaluating the 96 hours requested and objectively justifying any refusals.

The dispute between FlixBus and RNE on access to the road terminal of Sete Rios has lasted for three years.

The German operator started using that terminal on 29 September, but only with 23 daily hours, which, according to the company, represented less than 2% of the infrastructure capacity.

At the time, FlixBus reiterated the demand for full access to infrastructure, considering that the dispute was far from resolved and criticizing the impossibility of operating between 16:30 and 20:30, one of the periods of greatest demand.

“ This is just a first step and the issue of access to Sete Rios is still far from resolved ", said the operator.