Case C-28/09: Action brought on 21 January 2009 — Commission of the European Communities v Republic of Austria
Date: 2009-01-21
Institutions: Court of Justice
Subjects: Austria, EU law, action for failure to fulfil an obligation, free movement of goods, motor vehicle, reduction of gas emissions, road network

C 69/28

EN

Official Journal of the European Union

21.3.2009

4. If the answer to Question 3 is affirmative: Are Articles 2(14)
and 15a of Directive 96/61 to be interpreted as meaning
that national requirements can be laid down with regard to
the right to judicial review, with the result that a locally
established environmental protection association which has a
right to participate in the decision-making procedures in
respect of projects which may have significant effects on the
environment in the area where the association is active does
not — since it has fewer members than the minimum
number laid down in national law — have a right of appeal
such as is referred to in Article 15a of Directive 96/61?

(1) Council Directive 85/337/EEC of 27 June 1985 on the assessment of
the effects of certain public and private projects on the environment
(OJ 1985 L 175, p. 40).

(2) Council Directive 96/61/EC of 24 September 1996 concerning inte-
grated pollution prevention and control (OJ 1996 L 257, p. 26).

Pleas in law and main arguments

thus

The adoption of a sectoral prohibition against driving lorries
with a total weight of more than 7.5 tonnes,
loaded with
certain goods, on the A12 motorway must be regarded as
constituting a measure having equivalent effect to a quantitative
incompatible with Articles 28 EC
restriction and is
and 29 EC. The disputed measure is neither appropriate nor
necessary to achieve the improvement in air quality on the A12
required by Community law as it is not properly focused and
does not take less restrictive measures, such as, for instance,
permanent speed restrictions or emissions-dependent prohibi-
tions on driving, into consideration. Furthermore, the defendant
has not proved that there is a suitable alterative to road trans-
port.

Action brought on 21 January 2009 — Commission of the
European Communities v Republic of Austria

Action brought on 30 January 2009 — Commission of the
European Communities v Italian Republic

(Case C-28/09)

(2009/C 69/51)

Language of the case: German

(Case C-42/09)

(2009/C 69/52)

Language of the case: Italian

Parties

Parties

Applicant: Commission of the European Communities (repre-
sented by: L. Lozano Palacios and E. Vesco, acting as Agents)

Applicant: Commission of the European Communities (repre-
sented by: P. Oliver, A. Alcover San Pedro and B. Schima, acting
as Agents)

Defendant: Italian Republic

Defendant: Republic of Austria

Form of order sought

— declare that, by prohibiting lorries with a total weight of
more than 7.5 tonnes, carrying certain goods, from being
driven on a section of the A12 motorway, the Republic of
Austria has failed to fulfil its obligations under Articles 28 EC
and 29 EC;

Form of order sought

the European Parliament and of

— Declare that, by failing to adopt the laws, regulations and
administrative provisions necessary to comply with Directive
2005/45/EC (1) of
the
Council of 7 September 2005 on the mutual recognition of
seafarers' certificates issued by the Member States and
amending Directive 2001/25/EC and, in any event, by failing
to notify the Commission thereof, the Italian Republic has
failed to fulfil its obligations under Article 5 of that direc-
tive.

— order the Republic of Austria to pay the costs.

— order the Italian Republic to pay the costs.