The Tribunal Central Administrativo do Sul (TCAS) overturned an order that would have granted FlixBus immediate access to the Sete Rios Terminal, saying the urgent-intimation procedure used was inappropriate for this case.

The TCAS also stated that the initial ruling required detailing capacity, bay and parking allocations, and objective refusals within the terminal, but those specifics were not addressed in the TCAS decision.

Importantly, TCAS did not decide whether the terminal has capacity for FlixBus; it reversed on procedural grounds rather than merits.

Rede Expressos (RNE), which manages Sete Rios, welcomed the ruling and said it will continue to grant access in line with law, regulations, and safety and operational conditions, while ensuring equal access for all operators.

The dispute has dragged on for three years, with FlixBus pursuing full access amid ongoing negotiations and legal avenues.

FlixBus warned that further authorizations from IMT for new routes could take up to eight months.

FlixBus began operating at Sete Rios on September 29 with 23 daily slots, representing less than 2% of capacity, plus 20 additional slots authorized by the terminal, with peak concerns between 16:30 and 20:30.

FlixBus argues there is capacity at Sete Rios, citing an AMT decision requiring Rede Expressos to grant access and noting 23 daily schedules since Sept 29, with 16 more slots approved for November and 16 already authorized by Rede Expressos.

The government had approved a new legal framework for public transit terminals on October 22 to ensure fair, transparent, and non-discriminatory access, including a national platform with capacity, schedules, and pricing information.

The ruling reiterates that access must be granted on an equal, non-discriminatory basis and within the terminal’s operational and safety constraints, acknowledging current overcapacity.

RNE notes the terminal is overcrowded and emphasizes that access must not disrupt operation or safety; access remains conditional on available capacity and security.

The ruling follows an appeal by Rede Nacional de Expressos (RNE), focusing on process rather than the merits of FlixBus’s access request.