On May 14, 2024, the European Commission announced its stance regarding the legal action taken by Italy against Austria concerning bans and restrictions on the movement of industrial vehicles along the Brenner axis. This decision is a positive outcome for Italy, as the Commission believes that certain Austrian measures limiting the transport of goods on highways A12 and A13 consequently infringe upon the free movement of goods as outlined in Articles 34 and 35 of the Treaty on the Functioning of the European Union.
The Commission deems the following measures illegitimate: the night-time driving ban, the sector-specific ban targeting goods with “railway affinity,” and the traffic restrictions imposed on Saturdays during winter months along with vehicle flow regulation on the affected highways. The Commission argues that these measures lack coherence and thus cannot be fully justified in achieving the stated objectives of environmental protection, road safety, traffic flow, or public safety.
Furthermore, the European Commission considers that these measures are more likely to affect foreign enterprises than Austrian ones. Regarding Italy's accusation against Austria for an alleged lack of fair cooperation, the Commission finds that Italy has not provided sufficient evidence to support such a claim. With this reasoned opinion, the Italian government may decide to refer the case to the Court of Justice of the EU.
