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Publishers Abstract:
The ban under scrutiny in the Commission v Republic of Austria case, on the use of part of an Austrian motorway through the Alps for certain heavy goods vehicles, has already been the subject of two interim orders. The ruling in this case declares the ban inadmissible, for breach of the proportionality principle. The case is of interest because the proportionality test applied here seems to include a principle of 'due care'. The Court does not address the issue of discrimination and simply states that measures hindering free movement may be justified for environmental reasons, as long as they are proportionate. If the Court is of the opinion that measures taken for the protection of the environment deserve a treatment akin to measures taken for protection of one of the public interests recognised in the Treaty exceptions, it should explain this more clearly, for the sake of legal certainty.
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