Italy's Lawsuit Against Austria: Advocate General at the CJEU to Deliver Opinion on Thursday

Background to the Lawsuit

In its 2005 and 2011 judgments, the CJEU found that Austria had infringed EU law with certain measures. Italy now argues that the restrictions adopted or maintained since then do not adequately take those rulings into account.

The Advocate General's opinions are of particular importance for the member states and the EU institutions because in many cases they foreshadow the direction of the later judgment, even though the Court is not formally bound to follow them. Campos Sánchez-Bordona's opinion is therefore keenly awaited.

Arguments from Both Sides

On the Austrian side, the measures are justified primarily by the need to protect the population from noise, air pollution and traffic burden. Tyrol's Governor Anton Mattle has repeatedly stressed that transit traffic significantly affects residents' quality of life and that further relief measures are necessary.

Italy, by contrast, considers that the functioning of the European single market and the rights of transport operators are being infringed by the Tyrolean regulations. Freight traffic over the Brenner Pass is of strategic importance in particular for economic relations between Italy and northwestern Europe.

Political Dimension

Thursday's opinion is an interim step in proceedings that have been conducted between Italy and Austria for years. Observers expect a CJEU ruling on the merits not before late autumn or early 2027.

The case touches on a fundamental question of balancing the free movement of goods within the European Union against the legitimate interest of regions with heavy transit traffic in protecting their populations. The Court's decision is therefore likely to attract attention beyond the specific case.

What Is Expected Next

Politically, the issue is charged both in Austria and in Italy. The Austrian People's Party (ÖVP), traditionally deeply rooted in Tyrol, has co-sponsored and defended the anti-transit measures in recent years. On the Italian side, regional business representatives have repeatedly pressed the government in Rome to act against the Austrian measures.

Next week, Campos Sánchez-Bordona will deliver his Opinion in the oral hearing before the CJEU in Luxembourg. The oral hearing itself has already taken place; on Thursday, the written Opinion will be read out and subsequently made publicly available.

For Tyrol and the Brenner corridor, significant economic and transport-policy interests are at stake. Should the CJEU largely uphold Italy's action, this could make it necessary to adjust or repeal individual Tyrolean measures. A result favorable to Austria, by contrast, would widen the scope for regional solutions.