Traffic restrictions imposed on heavy goods vehicles (HGVs) on Austria’s A12 and A13 motorways have been creating significant challenges for European road transport for years. Carriers must take into account overnight driving bans, sectoral transport bans, as well as additional restrictions that apply during selected winter and holiday periods.
The issue is currently being examined by the Court of Justice of the European Union (CJEU). The Advocate General of the CJEU has already published a preliminary opinion indicating that a substantial number of Austria’s transport restrictions may be incompatible with EU law.
A dispute over one of Europe’s most important freight corridors
The A12 and A13 motorways form part of one of Europe’s key freight corridors connecting Germany, Austria and Italy. The Brenner Pass route plays a crucial role in the movement of goods between Northern and Southern Europe.
Austria maintains that these restrictions are intended to reduce traffic congestion, vehicle emissions, noise pollution and the environmental impact of freight transport on local communities. However, representatives of the transport industry argue that the measures are excessively broad and effectively restrict the free movement of goods and services within the European Union.
The case was brought before the Court by the Italian government.
Which restrictions have been challenged?
According to the Advocate General’s opinion, three categories of restrictions may be incompatible with EU law.
The first concerns the overnight driving ban, which was found to be inconsistent and disproportionate. Restricting truck traffic during specific hours may result in large numbers of vehicles gathering before the ban begins and significant congestion immediately after it is lifted.
The opinion also questions the sectoral transport ban, which applies to the carriage of selected categories of goods. One of the main arguments against this measure is the absence of air quality exceedances that would justify such extensive restrictions.
Concerns have also been raised regarding traffic bans that apply on selected winter and holiday dates. These restrictions primarily affect international freight transport, potentially resulting in unequal treatment of foreign transport operators.
Truck quotas may remain in force
A different assessment was made regarding Austria’s so-called traffic metering system, which limits the number of trucks allowed to enter the route from the German-Austrian border.
On certain days, for example, only around 300 heavy goods vehicles per hour are permitted to cross the border. According to the Advocate General, this measure may be justified if it is applied only during periods of exceptionally high traffic volumes and serves to maintain road safety.
This means that even if the final judgment is unfavourable to Austria, not all restrictions are likely to be abolished. Measures directly linked to the actual road capacity and traffic safety may remain in place.
What does this mean for transport companies?
At this stage, no final ruling has been issued. The Advocate General’s opinion is advisory in nature; however, the Court frequently follows such opinions in its final judgments.
If the CJEU upholds the Advocate General’s position, Austria may be required to amend or repeal part of its current restrictions. For transport companies operating between Germany and Italy, this could result in more predictable transit times and a lower risk of lengthy delays.
The existing restrictions affect more than just delivery schedules. They also increase fuel costs, driver working time expenses and overall transport planning costs. In addition, they complicate compliance with drivers’ rest periods, place greater pressure on truck parking facilities and contribute to long queues on both sides of the border.
An important signal for the European road transport sector
The Austrian restrictions have implications far beyond the Brenner corridor itself. The Court’s final judgment could establish an important precedent regarding how far EU Member States may go when introducing national restrictions on international road freight transport.
While protecting the environment and the residents of transit regions remains an important objective, any restrictions must be proportionate, properly justified and fully compliant with the EU principles of the free movement of goods and services.
The European road transport industry is now awaiting the CJEU’s final ruling. Its decision could significantly reshape traffic regulations in Austria and facilitate freight operations along one of Europe’s most important transport corridors.