CELEX: 62009CA0028
Language: en
Date: 2011-12-21 00:00:00
Title: Case C-28/09: Judgment of the Court (Grand Chamber) of 21 December 2011 — European Commission v Republic of Austria (Failure of a Member State to fulfil obligations — Articles 28 EC and 29 EC — Free movement of goods — Measures having equivalent effect to quantitative restrictions on imports and exports — Transport — Directives 96/62/EC and 1999/30/EC — Sectoral traffic prohibition for lorries of over 7,5 tonnes carrying certain goods — Air quality — Protection of health and the environment — Principle of proportionality — Consistency)

18.2.2012   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 49/2
            
         Judgment of the Court (Grand Chamber) of 21 December 2011 — European Commission v Republic of Austria
   (Case C-28/09) (1)
   
   (Failure of a Member State to fulfil obligations - Articles 28 EC and 29 EC - Free movement of goods - Measures having equivalent effect to quantitative restrictions on imports and exports - Transport - Directives 96/62/EC and 1999/30/EC - Sectoral traffic prohibition for lorries of over 7,5 tonnes carrying certain goods - Air quality - Protection of health and the environment - Principle of proportionality - Consistency)
   2012/C 49/03
   Language of the case: German
   
      Parties
   
   
      Applicant: European Commission (represented by: P. Oliver, A. Alcover San Pedro and B. Schima, acting as Agents)
   
      Defendant: Republic of Austria (represented by: E. Riedl, G. Eberhard and C. Ranacher, acting as Agents, and L. Schmutzhard and J. Thudium)
   
      Intervening parties in support of the applicant: Italian Republic (represented initially by I. Bruni and subsequently by G. Palmieri, acting as Agents, and G. De Bellis, avvocato dello Stato), Kingdom of the Netherlands (represented by: C. Wissels, Y. de Vries and M. Noort, acting as Agents)
   
      Re:
   
   Failure of a Member State to fulfil obligations — Infringement of Articles 28 EC and 29 EC — Prohibition against driving lorries with a total weight of more than 7.5 tonnes, loaded with certain goods, on a section of the A12 ‘Inntalautobahn’ motorway — Justification of that prohibition under Article 30 EC and the Community legislation relating to ambient air quality
   
      Operative part of the judgment
   
   The Court:
   
               1.
            
            
               Declares that, by prohibiting lorries of over 7.5 tonnes carrying certain goods from using a section of the A 12 motorway in the Inn valley (Austria), the Republic of Austria has failed to fulfil its obligations under Articles 28 EC and 29 EC;
            
         
               2.
            
            
               Orders the Republic of Austria to pay the costs;
            
         
               3.
            
            
               Orders the Italian Republic and the Kingdom of the Netherlands to bear their own costs.
            
         
      (1)  OJ C 69, 21.3.2009.