While Austria maintains restrictions on the movement of industrial vehicles along the Brenner corridor, the dispute between Rome and Vienna continues at the EU level. Italy took the first formal step on 30 July 2024 by filing a complaint with the European Court of Justice, arguing that Austria's bans contravene the free movement of goods. Italy challenges four measures: three bans (night-time transit, sectoral traffic restrictions, and winter Saturday traffic bans) and the traffic metering system at Kufstein. The European Commission has already expressed support for Italy's arguments.
On 19 December of the same year, Austria submitted its defence, asserting the legitimacy of its measures. Vienna maintains that the limits on industrial vehicle circulation are necessary to protect citizens' health and ensure road safety. Specifically, Austria highlights that the European Court of Justice has recognised the primacy of public health over other interests, thereby justifying heavy traffic restrictions. The Austrian government also emphasised that the free movement of goods is not compromised by the adopted measures, as the choice of transport mode remains free. Austria does not prevent freight transport through the Brenner Pass but regulates its modalities to minimise the environmental and social impact of heavy traffic. Companies can opt for rail transport or other alternative solutions for goods transportation.
To update Italian road hauliers on the dispute, the Ministry of Transport has convened the sector's associations for a videoconference meeting, scheduled for Friday, 7 February at 11:00 am. Diplomatic advisor Giovanni Donato will represent the ministry.
