Transit through Tyrol – Salvini threatens to go to the EU Court of Justice

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A further level of escalation in the transit dispute between Austria and Italy has been reached: Italy is preparing a file to go to the European Court of Justice. Salvini: “If the European Commission does not act, we will do so in accordance with Article 259.” According to Salvini, this could happen as early as the autumn.

Due to the conflict with Austria over Brenner transit traffic in Tyrol, Italy is considering going to the European Court of Justice (ECJ) and is preparing a file for this. This must be “legally sound and we are working on it. If the European Commission does not act, we will do so in accordance with Article 259,” Transport Minister Matteo Salvini (Lega) said in an interview with foreign journalists in Rome on Wednesday. This could happen as early as the fall.

The government is breaking the rules
“The Austrian government is breaking every rule and not helping the environment. We cannot accept that Austria unilaterally closes an Alpine pass without anyone doing anything. This is a violation of EU rules, a blatant abuse that must be resolved,” Salvini said.

The European Commission must address this
Under Article 259, any EU member state can refer the case to the Court of Justice if it considers that another member has breached an obligation under the Treaties. However, before a Member State takes legal action against another State for an alleged breach of its obligations under the Treaties, the matter must be referred to the European Commission. The European Commission issues a reasoned statement and gives the states concerned the opportunity to make written and oral statements in a hearing procedure. If the Commission does not deliver an opinion within three months of the date on which such a request was submitted, an appeal may be lodged with the Court of Justice, regardless of the absence of an opinion.

Final mediation meeting
European Commission President Ursula von der Leyen recently tried to offer “one final mediation” in the conflict. The underlying problem can only be solved ‘together’ with the three countries involved, Austria, Germany and Italy, according to the Commission President. The transit conflict has become increasingly serious in recent months. Salvini in particular is constantly agitating against the Tyroleans with threatening gestures and violent criticism Anti-transit measures such as sectoral driving bans, night driving bans and the like. The Italian Minister of Transport has even officially called on the European Commission to initiate infringement proceedings against Austria. He had his German counterpart Volker Wissing on board when it came to criticism of driving bans and transit restriction measures.

Lock system far away
At the regional level, however, there was agreement on the transit front. The state leaders of Bavaria, Tyrol and South Tyrol – Markus Söder (CSU), Anton Mattle (ÖVP) and Arno Kompatscher (SVP) – publicly presented a “lock system” in Kufstein in April. For such digital, cross-border traffic management, an international treaty would have to be concluded between Austria, Germany and Italy. Something like that is still far away. Salvini has been strictly negative so far: he only wants to talk about it once the transit restriction measures and the driving ban have been lifted. Germany also reacted very cautiously.

Source: Krone

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