Italy initiated the case against Austria because of the restrictions on trucks on the A12 through the Inntal and the A13 over the Brenner. The Advocate General largely sides with Rome. The nighttime driving ban, the winter ban on Saturdays, and a ban on certain goods are deemed by the EU magistrate to be in violation of EU law.
By Train
Particularly the ban on trucks carrying goods that can also be transported by train is criticized. Austria should have reassessed this measure after the air quality along the route improved. According to the Advocate General, the country insufficiently investigated whether the ban was still necessary or could be relaxed.
This does not reject Austria’s goal of shifting more freight from road to rail. The criticism mainly targets the legal basis of the existing restrictions. Austria defends its policy with the protection of the environment, public health, and traffic safety along the busy Alpine route.
Promotion
At Night
The nighttime ban also cannot remain in its current form, according to the legal advice. The measure would not actually reduce freight traffic but mainly shift it to daytime. Moreover, the ban was not applied consistently and systematically to achieve the intended environmental objective.
The winter ban applies on Saturdays from January to early March and affects heavy trucks on the heavily driven north-south Alpine route. According to the Advocate General, this measure is discriminatory and lacks sufficient justification.
Metering
One Austrian restriction does stand legally: the metering system for trucks on busy days. Under this system, a maximum of three hundred trucks per hour are allowed from Germany onto the A12. According to the advice, Italy has not demonstrated that this amounts to an illegal restriction of goods traffic. The advice is not binding, but the Court often follows the Advocate General in its final ruling.
Call to the EU
In Austria, the SPÖ and the Greens have responded with disappointment. They fear economic interests will outweigh the health and night rest of residents. Both parties want Austria, Germany, Italy, and the European Commission to jointly shift more freight transport to rail and better coordinate truck traffic.
Tunnel Construction
An important role is reserved for the Brenner Base Tunnel between Innsbruck and Fortezza. This 55-kilometer-long, almost flat rail connection aims to offer a more attractive alternative for international freight transport. The complete tunnel system includes about 230 kilometers of main, connecting, and access tunnels.
The new rail connection will allow longer and heavier freight trains to pass through the Alps faster. Builders expect that this will shift a significant portion of freight transport to rail, reducing traffic jams, noise, and emissions in the valleys.