BlaBlaCar: the Council of State points to “a manifest error of assessment”
In a decision rendered on Tuesday June 25, 2024, the Council of State canceled a key support system for carpooling, establishing that the government had committed “a manifest error of assessment” in its aid policy, reveals The world. Since January 2023, bonuses had in fact been put in place to encourage motorists to use carpooling applications such as BlaBlaCar, the main beneficiary of this system. This aid was financed by energy saving certificates (EEC), a mechanism where companies in the energy sector purchase certificates by financing energy sobriety actions, in particular carpooling.
Concretely, the publishers of carpooling applications received juicy bonuses: 130 euros when a customer registered and made a first journey. (Of these 130 euros, 25 euros were paid to the driver, with the possibility of receiving 100 euros in the event of validation of at least three journeys in three months.) This financial windfall mainly benefited BlaBlaCar, which had established a partnership with TotalEnergies to purchase the majority of these certificates.
Carpooling bonuses: Flixbus denounces unfair competition
It was Flixbus, the coach transport operator, who contacted the Council of State, denouncing unfair competition due to this “undue financial windfall”. Charles Billiard, head of communications at Flixbus, explained to the daily The world that BlaBlaCar, their direct competitor, was taking advantage of almost all the credits for long-distance journeys. Indeed, the Ministry of Ecological Transition had anticipated considerable energy savings upon validation of an 80 km journey, awarding certificates corresponding to more than 20,000 km saved over twelve years, an estimate deemed unfounded by the Council of State.
The Council of State therefore criticized the “windfall effect”, noting that many users already practicing carpooling without these applications were able to benefit from the credits, to the detriment of more energy-efficient modes of transport, such as the train. These elements led to the annulment of the order for “excess of power”.
Carpooling: new bonus requests will be rejected
This decision has important consequences for BlaBlaCar and the carpooling market in general. In 2023, 491,000 motorists benefited from these bonuses, generating a volume of CEE estimated at 100 million euros.
The Council of State has specified that bonus applications filed since its decision will be rejected, although the cancellation is partially retroactive. The Minister for Ecological Transition, Christophe Béchu, can withdraw CEEs issued less than four months ago. The Ministry of the Economy is currently assessing the consequences of this decision, and new disputes concerning carpooling CEEs, including for short-distance journeys, could emerge soon.
