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On the test stand: What will the evaluation of the PBefG bring?
Admittedly platforms like Uber, Bolt or Free Now had long since become a reality, the law, however, in its fundamentals still came from a time when rides were ordered by telephone. Therefore the legislator already mandated an evaluation in the reform. Now it lies on the table of politics. For the taxi industry this is about much more than a legal stocktaking; it's about survival. The question, therefore, is: Has the reform delivered what it promised – fair competition, municipal control options and equal rules for all? The answer is unequivocal: No!
The 2021 reform: A balancing act
With the amendment, new forms of transport were expressly enshrined in law for the first time. The so-called bundled demand traffic received a legal basis, as did line-demand traffic as a supplement to the classic public transport (ÖPNV). At the same time, digital mediation platforms were for the first time recognized as separate actors in the law.
For the taxi trade it was particularly important that the separation between taxi traffic and hire car traffic remained. Taxis continue to be subject to fare regulation, transport obligation and operating obligation. Hire cars, by contrast, may set their prices freely, but must receive trips in advance and, in principle, return to the operating base after each assignment. It is at this very point that most conflicts in recent years have flared up.
The return requirement remains the central issue of contention
Few terms appear more frequently in the debate than the return requirement. Platform companies and rental-car associations often regard it as obsolete. For the taxi industry, however, it is one of the last effective protective regulations against a competition with different rules.
Only in June 2026 did the Federal Court of Justice reaffirm the return requirement. The Karlsruhe judges clarified that rental cars must generally return to their base after a trip, unless there is a new order. The ruling strengthens the existing legal position and is likely to have a significant influence on the political discussion about the evaluation. Because: Whoever wants to benefit from hire-car traffic must also accept its obligations.
For many taxi operators, this is an important signal. For years the bitter reality has been that rental cars effectively operate like taxis, without being subject to the same regulations.
Municipalities want more control options
The evaluation also reveals another problem: Many cities and counties still feel limited in their ability to act in relation to large platform providers.
Already the reform of 2021 had given municipalities additional instruments. In practice, however, it has become clear that permitting authorities often have difficulties effectively enforcing compliance with existing rules. Digital business models are developing faster than administrative procedures.
Especially large cities are therefore pressing for more precise requirements on data transmission, vehicle control, and permit supervision. This concerns primarily the rental car market, but it has immediate implications for competition with the taxi industry.
What the taxi trade demands
The reform has a fundamental flaw: The legal differences between taxis and rental cars have remained, but their practical enforcement does not work equally well everywhere.
Industry representatives point out that taxis undertake public transport tasks. They must also carry out short or unprofitable trips, are subject to fixed tariffs, and ensure broad availability. Platform-dispatched rental cars can instead focus on economically attractive assignments. Competition can only be fair if rights and duties are in an appropriate balance.
Climate protection is coming more into focus
Another aspect of the evaluation concerns sustainability and climate protection. The 2021 reform has for the first time explicitly anchored these objectives in law. At the same time, expert opinions indicate that new mobility offerings bring both opportunities and risks.
Digital on-demand transport can complement public transport. However, there is a danger of additional traffic volumes if trips are shifted from public transport to individual offerings. The question of how platform traffic affects traffic volumes, emissions and land use is therefore likely to be more strongly reflected in regulation in the future.
The evaluation will not bring a revolution
Whoever hopes for a major reform of the PBefG this year is likely to be disappointed. The evaluation is initially a stocktaking. It provides arguments, but not yet any changes to the law. Nevertheless, it is becoming evident in which direction the discussion is heading. Municipal control options are likely to be strengthened further. The oversight of digital dispatch platforms is likely to gain importance. And after the latest BGH ruling, it seems unlikely that the return-to-base obligation will be abolished in the short term.
Thus, it will largely depend on the extent to which cities and municipalities are prepared to use existing instruments such as the minimum fare for rental cars. And of course, ways must finally be found to detect and sanction rule violations by platform rental cars.
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