News / EC gives Italy green light to sue Austria over Brenner Pass truck bans

Photo 175468149 © Lennart Von Sobbe | Dreamstime.com

The European Commission (EC) has confirmed that Austria’s ban on HGVs on a key trade corridor is in breach of EU rules, opening the door for the Italian government to take legal action.

In 2021, Austria introduced a series of anti-transit measures along the Brenner corridor, which included a sectoral driving ban, a night driving ban, a winter driving ban and a block clearance. 

Italy says the bans are major impediments to its trade with northern EU member states and have led to traffic jams of up to 70km and rear-end collisions in the Tyrol region. 

Various EU road freight stakeholders have complained about Austria’s “numerous illegal anti-transit measures”, claiming they prohibit free movement of goods in the EU.   

As a result,  in October the Italian government announced plans to take legal action against Austria, invoking EU Article 259, taking the first step towards infringement proceedings in February, with a ‘letter of formal notice’ to the EC. 

The EC issued its response this week and gave Italy the green light to take its case to court. 

The commission said: “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). 

“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.” 

The EC highlighted Austria’s breaches of Articles 34 and 35 of the Treaty for the Functioning of the EU, which says member states cannot impose ‘quantitative restrictions’ on other member states. 

The International Road Freight Association’s (IRU) EU advocacy director, Raluca Marian, said: “The EC’s opinion on Austria’s traffic bans is crystal clear. We congratulate Italy for its great initiative, taking action against abuses and keeping this essential trade corridor flowing.” 

And Ms Marian said “this is only the beginning” and that the “entire European road freight industry” was waiting for Italy and the EC to take further action against Austria. 

“Long-standing negotiations at government level have proved to be unsuccessful. We need action now. With this precious confirmation in its hands, we expect Italy to fight this further in the Court of Justice, with the EC’s support,” she said. 

The IRU has repeatedly raised the issue, along with several national road transport associations, in a series of open letters addressed to the EC. But said it had not received “a satisfactory response”, until now.