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On 16 July, the Court of Justice of the European Union (CJEU) published the opinion of its Advocate General in the case brought by Italy against four Austrian measures restricting heavy-duty vehicle (HDV) traffic along the Inn Valley and Brenner motorway corridor.

Austria currently enforces three traffic bans this corridor in an effort to reduce air pollution: a year-round night-time driving ban, a sectoral driving ban applying to certain categories of goods deemed suitable for transport by rail, and a winter driving ban. In his opinion, the Advocate General concludes that the three traffic bans are incompatible with EU law, whereas a deployed traffic metering system is deemed compatible.  Taken together, these measures make it “virtually impossible in practice to carry out international road freight transport by heavy goods vehicle during weekends" along the corridor, according to the Advocate General.

CLECAT has always argued that unilateral restrictions of this nature undermine the integrity of the EU Single Market and create discrimination against international transport operators. While protecting public health and the environment is a legitimate objective, national measures must remain proportionate, non-discriminatory, and should not unnecessarily disrupt the efficient functioning of European Single Market. Restrictions on a key TEN-T corridor such as the Brenner route have significant consequences far beyond the regions concerned, affecting the reliability, resilience, and competitiveness of freight transport across Europe.

Altough the Advocate General’s official opinion is non-binding, it provides a strong indication of the legal issues at stake. The final judgment of the CJEU, expected at a later date, will be of major importance for the future application of national traffic restrictions on cross-border freight transport and for safeguarding the principles of the EU Single Market.