Source: All England Reporter
Publisher Citation: [2006] All ER (D) 08 (Mar)
Court: Court of Justice of the European Communities (Grand Chamber)

Judges Skouris (President), Jann, Timmermans, Rosas and Schiemann (Presidents of Chambers), Schintgen (Rapporteur), Cunha Rodrigues, Silva de Lapuerta, Lenaerts, Kuris, Juhasz, Arestis and Borg Barthet

Judgment Dates: 15 November 2005


European community - Treaty provisions - Obligations under treaty - Failure to fulfil obligation - Free movement of goods - Transport - Member state prohibiting movement of lorries of more than 7.5 tonnes carrying certain goods - Member state seeking to protect air quality and protection of environment - Whether national measure offending principle of free movement of goods - Whether national measure offending proportionality principle - EC Treaty, arts 28, 29.

The Case

By prohibiting lorries of over 7.5 tonnes, carrying certain goods, from driving on a section of the A12 motorway in the Inn valley, following the adoption of a regulation under the national law on air pollution, Austria had failed to fulfil its obligations under arts28 and 29 EC.

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