The European Commission gives Italy the green light to sue Austria over its truck ban on the Brenner Pass

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

In 2021, Austria introduced a series of anti-crossing measures along the Brenner Pass, which included a sector driving ban, a night driving ban, a winter driving ban, and a road clearing.

Italy says the ban represents major obstacles to its trade with northern EU member states, and has led to traffic jams of up to 70 kilometers and rear-end collisions in the Tyrol region.

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

As a result, in October the Italian government announced its plans Taking legal action against Austria, based on Article 259 EU, taking the first step towards infringement proceedings in February, With a “formal notification letter” to the European Commission.

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

The committee said: “The Austrian measures lack coherence and therefore cannot be justified in their entirety on the basis of achieving their intended objectives (environmental protection, road safety, traffic fluidity or security of supply).

“Italy may decide to refer the case to the Court of Justice of the European Union. This does not prevent the parties from finding an amicable settlement of the dispute, and the Commission remains ready to support the parties in such an effort.

The European Commission highlighted Austria’s violations of Articles 34 and 35 of the Treaty on the Functioning of the European Union, which stipulate that member states cannot impose “quantitative restrictions” on other member states.

“The European Commission’s opinion on the transit ban in Austria is absolutely clear. We congratulate Italy for its great initiative, taking action against violations and keeping this essential trade corridor flowing,” said Raluca Marian, EU Advocacy Director of the International Road Shipping Federation.

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

“Long-term negotiations at government level have proven unsuccessful. We need to act now. With this precious confirmation in hand, we expect Italy to fight this further in the Court of Justice, with the support of the European Commission,” she said.

The IRU has repeatedly raised this issue, along with several national road transport associations, in a series of open letters to the European Commission. but She said she had not received a “satisfactory response” yet.