Judgment — ECLI:EU:C:2003:630
Date: 2003-11-20
Based on: Treaty establishing the European Economic Community (1957)
Subject matter: Accession;Transport
Concepts: International carriage by road
Procedure: Action for annulment - unfounded
Origin: Austria

Summary of the Judgment 
Transport — Road transport — Special rules for the traffic of goods by road through 
Austria — Ecopoints system for heavy goods vehicles — Transit journeys — Burden of 
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SUMMARY — CASE C-356/01 
proof borne by the Austrian authorities — Driver setting the ecotag upon entry into 
Austrian territory — Relevance — Limits 
(Protocol No 9 to the 1994 Act of Accession, Article 11(2)(c); Commission Regulation 
No 3298/94, Art. 2(2) and (5)) 
In order for heavy goods vehicles transiting 
through Austria to fall within the ecopoints 
system established by Protocol No 9 to the 
1994 Act of Accession on road, rail and 
combined transport in Austria, a single 
journey must cross Austria and have its 
departure point and destination outside 
Austrian territory, which means that proof 
must be adduced not only of the entry of 
the heavy goods vehicle into Austrian 
territory, but also of its departure there­
from. It is apparent from the first subpara­
graph of Article 2(2) and Article 2(5) of 
Regulation No 3298/94 laying down 
detailed measures concerning the system 
of Rights of Transit (Ecopoints) for heavy 
goods vehicles transiting through Austria 
that it is for the Austrian authorities to put 
in place a system which allows for monitor­
ing not only the entry into but also the 
departure from Austrian territory of heavy 
goods vehicles. Moreover, if drivers pro­
vide inexact information owing to the 
ecotag being incorrectly set on their 
vehicles, it is for the Austrian authorities 
to correct those errors, as under the Com­
munity rules it is their responsibility to 
manage the system. 
(see paras 44-47, 50) 
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