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Publishers Abstract:
Tu infelix Austria, one is tempted to exclaim. The judgment discussed here is only the latest in a string of cases regarding transport policy in the Alpine republic. In most of these cases, the Court of Justice found breaches of EU law. Earlier judgments were those in Monsees, concerning restrictions on the transport of live animals for slaughter, which were held incompatible with Articles 34 and 35 TFEU; Brenner motorway tolls, finding discriminatory the fees demanded of heavier lorries, most of which were registered in other Member States; and Schmidberger, in which the Court judged that the authorities had acted proportionately when they allowed environmentalists to stage a demonstration on the Brenner motorway, leading to the temporary closure of that important transport route. The second-to-last in this line is Inntalautobahn No. 1, the precursor in substance to the present judgment.
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