18.2.2012

Official Journal of the European Union

C 49/2

(Case C-28/09) (<span class="super">1</span>)

(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.

(<span class="super">1</span>) OJ C 69, 21.3.2009.