Brenner Pass: EU Advocate General Rejects Austrian Bans on Heavy-Duty Trucks

TRIESTE — The Advocate General of the Court of Justice of the European Union considers three of the four restrictions imposed by Austria on heavy-duty traffic along the Brenner Pass to be incompatible with EU law. These conclusions strengthen Italy’s position and reignite the debate on the management of Europe’s major freight corridors.

An important development in the dispute between Italy and Austria over restrictions on heavy-duty traffic along the Brenner Corridor. The Advocate General of the Court of Justice of the European Union, Manuel Campos Sánchez-Bordona, has concluded that three of the four measures challenged by Italy violate EU law, and has recommended that the Court largely uphold the appeal filed by Rome.

The proceedings concern the restrictions imposed by Austria on the A12 Inn Valley and A13 Brenner highways, one of the main corridors of the Trans-European Transport Network (TEN-T) connecting Italy with Germany and Northern Europe. According to the Italian government, these measures disproportionately restrict the free movement of goods, while Vienna has consistently justified them on the grounds of environmental protection, public health, and road safety.
In his conclusions, the Advocate General considers the ban on nighttime transit of heavy vehicles, the sector-specific ban on certain categories of goods, and the ban on traffic on winter Saturdays to be incompatible with European law. The assessment is different regarding the system for regulating access to the A12 highway, which is considered legitimate if applied exclusively to manage exceptional traffic situations and not as a permanent restriction on traffic.

With regard to the nighttime ban, it is noted that the measure does not actually reduce traffic but simply shifts it to daytime hours, without demonstrating consistent and proportionate enforcement in relation to the stated environmental objectives. The sector-specific ban is also considered excessive, especially given the improvement in air quality recorded in recent years, which would have called for a reassessment of the restrictions. The assessment of the winter Saturday ban is particularly critical , as it is deemed discriminatory because it applies primarily to international transport. According to the Advocate General, when combined with the other restrictions already in place, this measure ultimately significantly reduced the ability of heavy-duty vehicles to transit along one of Europe’s main corridors.

The case stems from an action brought by Italy in July 2024, after the European Commission had already issued a reasoned opinion in support of Italy’s position. The proceedings also mark the first action brought directly by Italy against another Member State before the Court of Justice of the European Union.

Among the initial reactions, Confetra welcomed the Advocate General’s conclusions, describing them as an important endorsement of the arguments put forward by the Italian government and the logistics sector. President Carlo De Ruvo emphasized that the opinion confirms that the nighttime transit bans, sector-specific bans, and the winter Saturday driving ban do not comply with the European principles of proportionality and non-discrimination. He also noted that the improvement in air quality observed in recent years makes some of the restrictions introduced by Tyrol less justifiable.
However, the association expressed concern over the rejection of the appeal regarding the access control system on the A12. Although deemed legitimate by the Advocate General as a temporary measure for managing congestion, Confetra maintains that the quota system continues to cause daily traffic jams, delays, and inefficiencies throughout the European logistics chain. For this reason, the association hopes that the Italian government will continue to defend its position until a final ruling is issued.
Confetra is also calling for more decisive action by the European Commission in managing the TEN-T network corridors and the main Alpine crossings. According to De Ruvo, the risk is that, even if the contested measures are repealed, new administrative tools with similar effects on goods in transit could be introduced. Hence the call for stronger and more binding European governance of strategic corridors.

ANITA (the road transport association) also expressed satisfaction with the Advocate General’s opinion. President Riccardo Morelli called it an important acknowledgment of the arguments put forward by Italy, noting that the Tyrolean restrictions have for years impacted the competitiveness of trucking companies and the efficiency of logistics chains. Thomas Baumgartner, ANITA’s delegate for the Brenner Pass, pointed out that approximately 40% of Italian freight bound for Europe transits along this route, reiterating the need for management based on proportionality rather than permanent restrictions.

The Court of Justice of the European Union is expected to issue its final ruling by the end of 2026. If the appeal is upheld, it could have significant implications not only for the Brenner Pass but also for future regulations governing the movement of goods along other European Alpine border crossings.