In the dispute over Tyrolean anti-transit measures on the Brenner route, Italy has now brought the previously announced lawsuit against Austria before the European Court of Justice (ECJ). A corresponding decision was taken by the Council of Ministers in Rome on Friday, the Italian Ministry of Transport announced.
Italian Transport Minister Matteo Salvini (Lega) said he wanted to “put an end to Austrian arrogance.” He also said this would “restore legal certainty for European freight forwarders.” Italy brought the case under Article 259 of the EC Treaty, which was unprecedented.
Tyrolean emergency measures criticized
In mid-May, the European Commission cleared the way for Italy to file a lawsuit in the transit dispute. In a statement, the authority agreed with Italy’s criticisms in key areas but decided not to launch its own infringement procedure. Some of Tyrolean measures are said to restrict the free movement of goods.
In concrete terms, a publication at the end of a three-month process mentioned the night-time driving ban, the sectoral driving ban for “certain rail-related goods”, the winter driving ban on Saturdays and the rationing of access for heavy goods vehicles to the motorway, i.e. the handling or dosing of truck blocks.
Arguments without effect?
Although the Brussels authorities acknowledged some of Austria’s arguments, the measures were not coherent and could therefore not be justified by achieving the desired objectives (environmental protection, road safety, traffic flow or security of supply). Foreign companies were more likely to be affected than Austrians, it was said.
However, as regards Italy’s allegation of a lack of genuine cooperation against Austria, the Commission considered that Italy had not provided sufficient evidence to support this allegation.
Source: Krone

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