BGL welcomes initiative of the Italian government regarding transit

In light of the numerous anti-transit measures taken by Austria, which violate the fundamental principle of free movement of goods within the EU, the Italian government has called on the European Commission to initiate an EU infringement procedure against Austria.

(Frankfurt) On February 15, 2024, the Italian government took the first step towards an infringement procedure with a letter to the European Commission. The complaint targets the numerous anti-transit measures imposed by Austria along the Brenner corridor, such as sectoral driving bans, night driving bans, winter driving bans, and block exemptions.

Austria’s unilateral transit restrictions on one of the main corridors of the TEN-T networks violate the fundamental principle of free movement of goods within the EU. In the past, the European Court of Justice has already determined twice that Austria’s anti-transit measures are incompatible with EU law.

In recent years, the BGL has repeatedly pointed out to all political stakeholders the untenable situation for the economy, the affected drivers, and the residents in the Bavarian Inn Valley, urging them to take action.

Over the past years, there have been numerous unsuccessful political attempts to find a solution to the transit problems in collaboration with the affected states and the involvement of the European Commission. Despite numerous meetings among the involved states, no progress has been made on how free movement of goods can be conducted in compliance with EU regulations.

It is regrettable that the European Commission has so far not sufficiently fulfilled its role as guardian of the treaties and has not initiated an infringement procedure itself despite numerous indications of violations of EU fundamental rights.

The federal government should position itself in favor of the internal market

The BGL therefore welcomes Italy’s initiative to initiate legal proceedings against Austria’s anti-transit measures and encourages the federal government to clearly position itself in favor of the internal market and to join Italy’s lawsuit.

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