Following the BGH ruling: TMV demands fines and platform liability.

After the Federal Court of Justice's ruling on the return obligation for rental cars, the Taxi and Limousine Association Germany calls for the consistent enforcement of the existing regulations. The association welcomes the court's decision of June 3, 2026 as a fundamental confirmation of the statutory provisions in the Passenger Transport Act.

The First Civil Senate had clarified that the return obligation anchored in § 49 paragraph 4 sentence 3 of the Passenger Transport Act is constitutional and, for purely national matters, is not to be measured against Union law. The case arose from a competition-law suit against a rental-car company that carried out trips via the dispatch service “Uber X” and whose vehicles waited in public space for new orders after the assignment ended.

“Today's ruling is a clear stop signal for all platform providers that are trying to systematically undermine the proven two-tier system of taxis and rental cars,” explains TMV President Thomas Kroker. “Whoever provides rental cars on the street like taxis is breaking the law. The BGH has now decisively slammed the door on illegal provisioning in public space.”

Enforcement in Focus

From the association's perspective, the legal basis is clear with the judgment. Now it comes down to implementation. Municipalities and regulatory authorities are called upon to monitor compliance with the return obligation nationwide and to sanction violations effectively.

The association advocates for substantial fines for illegally providing rental cars in public space. In addition, platform operators and their main contracting partners should be held responsible for the misconduct of subcontractors.

Reference to the 2021 legislative amendment

The Federal Court of Justice emphasized in its decision that the legislature had kept within its margin of discretion when reforming the law on passenger transport in 2021. The return obligation was constitutional, also taking into account the state objective of climate protection under Article 20a of the Basic Law.