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© Alexey Novikov |

The Italian government has taken the first step towards infringement proceedings against Austria with a ‘letter of formal notice’ to the European Commission (EC).  

Italy’s lawsuit is directed against Austria’s 2021 anti-transit measures along the Brenner corridor, which include a sectoral driving ban, a night driving ban, a winter driving ban and a block clearance. 

The measures have led to traffic jams of up to 70km and rear-end collisions in the Tyrol region.

The IRU said “unbearable traffic and traffic-endangering situations” had been exacerbated by the construction of the Brenner Tunnel, which won’t be completed until 2033. 

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

The IRU and 12 European road haulage associations have written to the EC multiple times asking for action, but to no avail. The commission held discussions with Italy, Germany and Austria in 2023, but no agreement was reached. 

As a result, the Italian government announced plans in October 2023 to take court action against Austria, invoking EU article 259.  

IRU EU advocacy director Raluca Marian said: “It is clear that the Italian government has lost its patience over the Brenner route issue. Italy now intends to take court action, which the EC should have taken several years ago. It is high time for the EC to act.” 

The key association representing road freight transport and logistics players in Germany, the BGL (Bundesverband Güterkraftverkehr Logistik und Entsorgung), said: “It is regrettable that the EC has not yet sufficiently fulfilled its role as guardian of the treaties and has not launched infringement proceedings itself, despite numerous references to violations of EU fundamental rights. 

“The BGL therefore welcomes Italy’s initiative to initiate legal proceedings against Austria’s anti-transit measures and encourages the federal government to take a clear position in the interests of the internal market and to join Italy’s complaint.” 

The 448-km Brenner corridor, from Verona to Munich, is a key transport route connecting passengers and freight between Austria, Germany and Italy.

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