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CJEU - C 28/09 / Judgment

Commission v Austria

Deciding Body type:
Court of Justice of the European Union
Deciding Body:
European Court of Justice (Grand Chamber)
Type:
Decision
Decision date:
21/12/2011
Key facts of the case:
 
By its application the Commission of the European Communities asks the Court to declare 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.
 
Results (sanctions) and key consequences of the case:
 
The Court (Grand Chamber) hereby:
  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.