Endless transit dispute

Transit: Italy has now brought an action before the ECJ

Italy's Transport Minister Matteo Salvini.

(Bild: Christof Birbaumer, AP, KRONE Kreativ)

In the dispute over the Tyrolean anti-transit measures on the Brenner route, Italy has now brought the previously announced action against Austria before the European Court of Justice (ECJ). A decision to this effect was taken by the Council of Ministers in Rome on Friday, as announced by the Italian Ministry of Transport. In the meantime, there have also been reactions from federal and state politicians.

Italy's Transport Minister Matteo Salvini (Lega) spoke of wanting to put an end to "Austrian arrogance". He also said that this would "restore legal certainty for European hauliers." Italy brought the action under Article 259 of the EC Treaty, which was an unprecedented case.

Austria combative, but "ready to talk"
"Anyone who puts the profits of the haulage lobby above the needs and concerns of the people in the affected region is arrogant," said Transport Minister Leonore Gewessler, passing the ball back to Salvini. With this lawsuit, he is once again showing that he "does not care about the living conditions of local people".

We will continue to defend the legally compliant measures - also before the ECJ.

Verkehrsministerin Leonore Gewessler

Bild: APA/GEORG HOCHMUTH

The people of Tyrol are suffering from "intolerable conditions" such as "congestion, noise and poor air quality". "We will continue to defend the legally compliant measures - also before the ECJ". However, Austria remains "willing to talk" and it is important to look for a solution at the "negotiating table".

Mattle: "Prepared in the best possible way"
The black-red Tyrolean state government had "expected the lawsuit" and was "already prepared in the best possible way", said Mattle in a statement to the APA. "As soon as we receive the pleading, we will work out the defense strategy together with the federal government and European law experts."

The ECJ now has the "official choice" of deciding between "human health", "environmental protection" or the "interests of the haulier lobby". "In any case, I am on the side of the population, because Tyrol cannot and will not accept any more trucks," he stated.

Tyrolean emergency measures criticized
In mid-May, the EU Commission had cleared the way for Italy's complaint in the transit dispute. In a statement, the authority agreed with Italy's criticism in key areas, but refrained from initiating its own infringement proceedings. Some of the Tyrolean measures would restrict the free movement of goods.

Specifically, in a published statement at the end of a three-month procedure, the night driving ban, sectoral driving ban for "certain rail-related goods", the winter driving ban on Saturdays and the rationing of heavy goods vehicles entering the highway, i.e. truck block clearance or metering, were named.

Arguments without effect?
Although the Brussels authority acknowledged some of Austria's arguments, the measures were not coherent and could therefore not be "justified by the achievement of the objectives pursued (environmental protection, road safety, traffic flow or security of supply)." Furthermore, some of these measures are more likely to affect foreign companies than Austrian ones, it said.

With regard to Italy's objection against Austria concerning an alleged lack of loyal cooperation, the Commission found that Italy had not provided sufficient evidence to substantiate this allegation.