Tirools verbod op zware trucks voor het Europese Hof van Justitie (en)
The European Commission has decided to bring proceedings before the European Court of Justice against the sectoral driving ban on the Inntal motorway in Tyrol. In an intensive series of exchanges with Austria, the Commission tried to achieve a balance between the requirements of the free movement of goods and the protection of the environment and health of the citizens of Tyrol. In a few crucial points, clear improvements were also achieved. However, the talks finally foundered on the issue of the sectoral driving ban.
Günter Verheugen, Vice-President of the European Commission and responsible for enterprise and industry, said: "We tried for a very long time to find a mutually agreed solution. We reached agreement in several important areas and in the end were very close indeed to a solution. Much to my regret, that has now been rejected by Austria. It is now for the Court to decide."
A ban on HGVs over 7.5 tonnes transporting certain goods on the A12 motorway in Tyrol has been in force since May 2008. In January and July 2009 the ban is due to be progressively extended to other product groups. This places a heavy burden on trade in Europe, since the A12 is a major link for the cross-border exchange of goods. In particular, the ban affects the manufacturers and customers of the products in question, and also companies specialising in haulage of those goods, and may even jeopardise their existence.
According to the judgment of the European Court of Justice on sectoral driving bans, traffic restrictions ordered by Member States must be proportionate and therefore achieve a balance between the needs of the internal market and of environmental and health protection. As it stands, the sectoral driving ban does not meet these requirements. Austria has not yet exhausted other air quality improvement measures, such as a ban on older high-pollution lorries or exemption from the sectoral ban for lorries with the highest emissions standard.