It The Austrian government could be forced to withdraw toll
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rises on the Brennar Pass motorway crossing the Alps to Italy if. as expected, the European Court of Justice rules that Austria has discriminated against foreign hauliers.
In a preliminary decision the court's Advocate General, Antonio Sag,gio, has suggested that the toll hike ordered by the Tyrol regional government breaks the EU tax and work rules outlawing unfair treatment based on nationality.
His ruling is based on the fact that the price rise was restricted to vehicles of three axles or more and weighing 12 tonnes or more fully laden that travel the entire length of the 34.5km pass, Because 84% of these drivers are nonAustrian, while local drivers are more likely to use only part of the motorway. the Advocate General has found that "there is indirect discrimination against foreign vehicles".
Hauliers using the whole route now pay more than twice as much for each kilometre than local vehicles.
Sap,gio has also accused Austria of profiteering, saying it has broken EU law by failing to link the tolls with the cost of the motorway's building and maintenance. The estimated toll revenue is 153% greater than these costs, he adds, proving 'that there is no correlation" as required by EU law.
Preliminary recommendations from Advocate Generals are usually accepted by ECJ judges making a final ruling. The court has the power to order EU member states to comply with its rulings.or face fines of up to £100,000 a day until its demands are met.