Brussels, 14 May 2024
The Commission today adopted a reasoned opinion in a procedure brought by Italy against Austria under Article 259 of the Treaty on the Functioning of the European Union.
In its complaint, Italy claimed that Austria is in violation of Union law by imposing certain measures restricting road traffic on the Brenner axis. Having carefully assessed the written and oral observations of both Member States, the Commission considers that certain measures in force in Austria restrict the transportation of goods on the A12 and A13 motorways, and consequently the free movement of goods set out in Articles 34 and 35 TFEU: a night driving ban, a sectoral driving ban targeting certain goods with ‘rail affinity’, a winter ban on Saturdays and the rationing of heavy-duty vehicles entering the motorway (known as ‘dosing’).
While acknowledging certain explanations advanced by Austria in relation to environmental considerations, the Commission finds that the Austrian measures lack consistency and therefore cannot be justified in their entirety on the grounds of achieving their intended objectives (environmental protection, road safety, fluidity of traffic or security of supply). Moreover, some of those measures are more likely to affect foreign undertakings compared to Austrian ones. As regards Italy’s plea against Austria concerning an alleged lack of sincere cooperation, the Commission finds that Italy did not provide sufficient evidence to support this claim.
Following the adoption of the reasoned opinion by the Commission, Italy may decide to refer the case to the Court of Justice of the EU. This does not preclude the parties from finding an amicable settlement to the dispute, and the Commission remains ready to support both parties in such an effort.
Source – EU Commission