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Publishers Abstract:
Heavy goods vehicles circulating through the Alps continue to be a source of conflict between Austria and the Commission. It proves difficult to reconcile free movement of goods with environmental objectives. The proportionality principle can offer some help, but often demands thorough analysis of the facts. Sometimes application of a measure leads to such irreversible consequences that a solution in accordance with thorough analysis and a subsequent judgment in the main proceedings would be illusory if the interests at stake are not preserved in the meantime. Interim relief may then be granted. In the case under review here, environmental interests and those of small and medium size transport companies are opposed to each other. Application of the contested national measure would lead to irreversible negative consequences for trade and transport companies, whereas non-application of the national measure would lead to irreversible negative consequences for the environment.
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