Italian Transport Minister and Deputy Prime Minister Matteo Salvini (Lega) confirmed on Wednesday the Italian government’s intention to submit the already decided lawsuit against Austria to the European Court of Justice (ECJ) over the Tyrolean anti-transit measures of the European Commission. This should happen “in the coming days.”
“We have tried bilateral and multilateral talks, but when you see that there is no great desire on the other side to solve the problem, then there is little you can do,” Salvini explained.
‘Lawsuit after years of silence’
In the coming days, ‘in the name of fair competition’, first the European Commission and then the European Court of Justice would deal with the Italian government’s question ‘after so many years of silence’.
The Italian case before the Court of Justice was decided by the Council of Ministers in October. Salvini had previously mobilized for months against Tyrolean measures, such as sectoral truck driving bans or night driving bans, and made threats, including during a visit to the Brenner Pass.
“Difficult but compelling decision”
Italy said it was a “difficult but compelling decision given the position of the European Commission and the impossibility of reaching a negotiated solution.”
“For the first time in the history of the Italian Republic, the Council of Ministers has decided to appeal to the Court of Justice in Luxembourg against the transit bans unilaterally imposed by the Austrian government on the Brenner Pass,” Salvini explained. The Lega politician always denounced the actions of Tyrol and Austria and considered them contrary to EU law.
Gewessler: “The situation of the people in Tyrol apparently does not matter”
Transport Minister Leonore Gewessler (Greens) responded sharply to the lawsuit against the APA. “He clearly does not care about the situation of the people in the entire Tyrol region,” the minister said to Salvini.
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.
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.
Source: Krone
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