CELEX: C2003/226/16
Language: en
Date: 2003-09-20 00:00:00
Title: Case C-319/03: Reference for a preliminary ruling by the Tribunal Administratif de Paris by judgment of that Court of 3 July 2003 in the case of Serge Briheche against Minister for the Interior, Internal Security and Local Freedoms

C 226/10                EN                          Official Journal of the European Union                                          20.9.2003
—     order the Italian Republic to pay the costs.                          represented by Claudia Schmidt of the Commission's Legal
                                                                            Service, with an address for service in Luxembourg.
Pleas in law and main arguments
                                                                            The applicant claims that the Court should:
The time-limit for implementing the directive expired on
30 June 2002.
                                                                            1.    Rule that the imposition of a ban on the use of a section of
                                                                                  the A 12 Inntal motorway between kilometre 20,359 in
                                                                                  the Kundl local authority area and kilometre 66,780 in the
                                                                                  Ampass local authority area by heavy goods vehicles with a
(1) OJ L 167 of 2.7.1999, p. 33.                                                  total weight exceeding 7,5 tonnes which carry certain
                                                                                  goods is incompatible with the Republic of Austria's obli-
                                                                                  gations under Articles 1 and 3 of Council Regulation (EEC)
                                                                                  No 881/92 (1), Articles 1 and 6 of Council Regulation
                                                                                  (EEC) No 3118/93 (2) and Articles 28 EC to 30 EC;
Reference for a         preliminary ruling by the Tribunal                  2.    Order the Republic of Austria to pay the costs of the
Administratif de       Paris by judgment of that Court of                         proceedings.
3 July 2003 in          the case of Serge Briheche against
Minister for the        Interior, Internal Security and Local
                             Freedoms                                       Pleas in law and main arguments
                          (Case C-319/03)
                                                                            On 27 May 2003, the First Minister of the Land of Tyrol imposed,
                          (2003/C 226/16)                                   on the basis of the Austrian Immissionsschutzgesetz — Luft
                                                                            (Immission Control Act — air), a ban on the use by heavy
                                                                            goods vehicles carrying certain goods of a 46 km stretch of the
Reference has been made to the Court of Justice of the
                                                                            A 12 Inntal motorway. This absolute ban applies to the vehicles
European Communities by judgment of the Tribunal
                                                                            covered with immediate effect from 1 August 2003 for an inde-
Administratif de Paris (Administrative Court, Paris) of 3 July
                                                                            finite period.
2003, received at the Court Registry on 24 July 2003, for a
preliminary ruling in the case of Serge Briheche against Minister
for the Interior, Internal Security and Local Freedoms on the               The Commission takes the view that, in imposing this ban, the
following question:                                                         Republic of Austria has acted in breach of the abovementioned
                                                                            obligations of primary and secondary law.
                                                                            The transit ban or the ‘pressure to use railways’ creates addi-
Does Directive 76/207/EEC of 9 February 1976 (1) preclude                   tional delays and costs for the heavy goods vehicles and under-
France from maintaining in force the provisions of Article 8 of             takings concerned. The ban thus constitutes a manifest obstacle
Law No 75-3 of 3 January 1975, as amended by Law                            to the free movement of goods. The approach chosen by the
No 79-569 of 7 July 1979 and Law No 2001-397 of 9 May                       Republic of Austria in applying the ban only to transit traffic,
2001, concerning widows who have not remarried?                             approximately 80 % of which is effected by foreign hauliers,
                                                                            thus entails preferential treatment of the national/local move-
                                                                            ment of goods or, in other words, indirect discrimination of the
                                                                            transport of goods by foreign carriers. That discrimination
                                                                            cannot be justified on the ground of environmental protection.
(1) Council Directive 76/207/EEC of 9 February 1976 on the imple-           For that reason alone, it must be found that the Republic of
    mentation of the principle of equal treatment for men and women         Austria has infringed Article 28 EC.
    as regards access to employment, vocational training and promo-
    tion, and working conditions (OJ L 39, 14.2.1976, p. 40).
                                                                            The Commission argues alternatively that, even if the measure
                                                                            is not discriminatory, the argument based on protection of the
                                                                            environment cannot be accepted because the Austrian measure
                                                                            does not meet the requirements of the principle of proportion-
                                                                            ality. There are less stringent measures, that is to say, measures
                                                                            which appear equally suitable to achieve the aim sought but
Action brought on 24 July 2003 by the Commission of the                     which present less of an obstacle to the free movement of
  European Communities against the Republic of Austria                      goods. Since it cannot be justified on the grounds of environ-
                                                                            mental protection, the measure ultimately infringes Article 28 EC.
                          (Case C-320/03)
                          (2003/C 226/17)                                   It is clear from Regulation (EEC) No 881/92 and Regulation
                                                                            (EEC) No 3118/93 that, in principle, conditions for the free
An action against the Republic of Austria was brought before                circulation of goods transport other than those laid down in
the Court of Justice of the European Communities on 24 July                 those regulations are impermissible. There is no exception
2003 by the Commission of the European Communities,                         limiting the scope of that principle. There has thus been a