During a meeting with transport associations on June 4, 2024, officials from the Italian Transport Ministry revealed that Italy will file an appeal with the European Court of Justice by the upcoming summer. This decision follows a favorable opinion received on May 14, 2024, from the European Commission regarding the illegitimacy of Austria's restrictions and bans on industrial vehicles transiting through the Brenner Pass. The Italian government intends to challenge these measures, which the Commission identified as violating EU competition rules and the principle of free movement. The contested Austrian measures include night and sectoral traffic bans, a winter Saturday ban, and vehicle metering at Kufstein for industrial vehicles heading to Italy.
The appeal will be submitted by the State Attorney's Office with a comprehensive and detailed report. The European Court will then assess the appeal's legitimacy and issue a ruling, which could annul or amend the contested measures, award compensation, or require Austria to comply with a previous ruling. Non-compliance may result in sanctions imposed by the Court. This is a complex process that requires time. Depending on the type of appeal (there are four types: annulment, failure to act, infringement, and compensation), the average duration of a case ranges from one to five years.
