The European Commission has formally initiated the procedure by sending a letter of formal notice (INFR(2024)2235) to Italy, citing concerns over the incorrect implementation of Regulation (EC) No 1072/2009, which sets common rules for access to the international road haulage market. The move highlights growing scrutiny over a practice that risks creating disparities in treatment between Italian and foreign hauliers. The procedure focuses on provisions of the regulation that require penalties to be applied in a non-discriminatory manner, regardless of the nationality or establishment location of the businesses involved. According to the Commission, Italian law breaches this principle due to its payment requirements for fines imposed on hauliers. Specifically, Italy only permits payments via bank transfer or cash – a system that reportedly disadvantages foreign operators.
The issue stems from the longer processing times required to confirm international bank transfers compared to domestic ones. This delay often results in foreign hauliers experiencing prolonged vehicle immobilisation, incurring additional costs such as parking fees demanded by Italian authorities. The net effect is that foreign drivers, for the same infringement, face a significantly higher financial burden compared to their Italian counterparts.
The Commission has therefore stepped in to urge Italy to comply with EU rules, emphasising that such practices could constitute a breach of the principle of equal treatment. The letter of formal notice marks the first step in the infringement procedure, which could ultimately lead to Italy being taken to the European Court of Justice should the Italian authorities fail to address the identified shortcomings. Italy now has two months to respond to the Commission and propose concrete measures to resolve the highlighted issues. Should Italy’s response prove unsatisfactory, Brussels may issue a reasoned opinion, the next stage in the infringement process.