Opinion of the Advocate General — ECLI:EU:C:2005:459
Date: 2005-07-14
Language of the case: German
Based on: Treaty establishing the European Economic Community (1957)
Subject matter: Environment;Right of establishment;Free movement of goods;Measures having equivalent effect;Quantitative restrictions;Freedom to provide services;Transport
Procedure: Action for failure to fulfil obligations - successful;Action for failure to fulfil obligations - unfounded
Origin: Austria

Summary of the Judgment Free movement of goods – Quantitative restrictions – Measures having equivalent effect – Sectoral prohibition on the movement of lorries of more than 7.5 tonnes carrying certain goods – Not permissible – Justification – Protection of the environment (Arts 28 EC and 29 EC) A Member State which, in order to ensure the quality of ambient air in the zone concerned, adopts legislation prohibiting lorries of over 7.5 tonnes, carrying certain goods, from driving on a road section of paramount importance, constituting one of the main routes of land communication between certain Member States fails to fulfil its obligations under Articles 28 EC and 29 EC. Such a prohibition obstructs the free movement of goods and, in particular, their free transit, and must be regarded as constituting a measure having equivalent effect to quantitative restrictions, incompatible with Community law obligations under Articles 28 EC and 29 EC, unless that measure can be objectively justified. Such legislation cannot be justified by imperative requirements in the interests of environmental protection where it has not been demonstrated that the aim pursued could not be achieved by other means less restrictive of freedom of movement. (see paras 66, 69, 71, 87, 89, 95, operative part)