This document is an excerpt from the EUR-Lex website
Document 62009CA0028
Case C-28/09: Judgment of the Court (Grand Chamber) of 21 December 2011 — European Commission v Republic of Austria (Failure of a Member State to fulfil obligations — Articles 28 EC and 29 EC — Free movement of goods — Measures having equivalent effect to quantitative restrictions on imports and exports — Transport — Directives 96/62/EC and 1999/30/EC — Sectoral traffic prohibition for lorries of over 7,5 tonnes carrying certain goods — Air quality — Protection of health and the environment — Principle of proportionality — Consistency)
Case C-28/09: Judgment of the Court (Grand Chamber) of 21 December 2011 — European Commission v Republic of Austria (Failure of a Member State to fulfil obligations — Articles 28 EC and 29 EC — Free movement of goods — Measures having equivalent effect to quantitative restrictions on imports and exports — Transport — Directives 96/62/EC and 1999/30/EC — Sectoral traffic prohibition for lorries of over 7,5 tonnes carrying certain goods — Air quality — Protection of health and the environment — Principle of proportionality — Consistency)
Case C-28/09: Judgment of the Court (Grand Chamber) of 21 December 2011 — European Commission v Republic of Austria (Failure of a Member State to fulfil obligations — Articles 28 EC and 29 EC — Free movement of goods — Measures having equivalent effect to quantitative restrictions on imports and exports — Transport — Directives 96/62/EC and 1999/30/EC — Sectoral traffic prohibition for lorries of over 7,5 tonnes carrying certain goods — Air quality — Protection of health and the environment — Principle of proportionality — Consistency)
OJ C 49, 18.2.2012, p. 2–3
(BG, ES, CS, DA, DE, ET, EL, EN, FR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)
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18.2.2012 |
EN |
Official Journal of the European Union |
C 49/2 |
Judgment of the Court (Grand Chamber) of 21 December 2011 — European Commission v Republic of Austria
(Case C-28/09) (1)
(Failure of a Member State to fulfil obligations - Articles 28 EC and 29 EC - Free movement of goods - Measures having equivalent effect to quantitative restrictions on imports and exports - Transport - Directives 96/62/EC and 1999/30/EC - Sectoral traffic prohibition for lorries of over 7,5 tonnes carrying certain goods - Air quality - Protection of health and the environment - Principle of proportionality - Consistency)
2012/C 49/03
Language of the case: German
Parties
Applicant: European Commission (represented by: P. Oliver, A. Alcover San Pedro and B. Schima, acting as Agents)
Defendant: Republic of Austria (represented by: E. Riedl, G. Eberhard and C. Ranacher, acting as Agents, and L. Schmutzhard and J. Thudium)
Intervening parties in support of the applicant: Italian Republic (represented initially by I. Bruni and subsequently by G. Palmieri, acting as Agents, and G. De Bellis, avvocato dello Stato), Kingdom of the Netherlands (represented by: C. Wissels, Y. de Vries and M. Noort, acting as Agents)
Re:
Failure of a Member State to fulfil obligations — Infringement of Articles 28 EC and 29 EC — Prohibition against driving lorries with a total weight of more than 7.5 tonnes, loaded with certain goods, on a section of the A12 ‘Inntalautobahn’ motorway — Justification of that prohibition under Article 30 EC and the Community legislation relating to ambient air quality
Operative part of the judgment
The Court:
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1. |
Declares that, by prohibiting lorries of over 7.5 tonnes carrying certain goods from using a section of the A 12 motorway in the Inn valley (Austria), the Republic of Austria has failed to fulfil its obligations under Articles 28 EC and 29 EC; |
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2. |
Orders the Republic of Austria to pay the costs; |
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3. |
Orders the Italian Republic and the Kingdom of the Netherlands to bear their own costs. |