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

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

Catchwords

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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