Vienna refuses to bow to calls for reduction in Brenner Pass tolls

Date: 09/03/2000

By Renée Cordes

VIENNA is refusing to reduce the tolls it charges for transit traffic using the Brenner Pass alpine route, despite mounting criticism that the levies breach EU law and discriminate against foreign hauliers.

The clamour for action has intensified since an advocate-general at the European Court of Justice expressed his support for European Commission complaints that the tolls unfairly targeted foreign lorries and that they are higher than justified by the cost of building or maintaining the motorway.

Although advocate-generals' opinions are not binding on the ECJ, the Luxembourg-based judges usually follow their advice, prompting critics of the scheme to demand swift action to tackle the problem.

The Commission has accused Austria of breaching the terms of the EU's 'eurovignette' directive, which was originally agreed in 1993 but was amended last year.

Vienna originally said it would change the controversial toll system and the Commission promised in return to drop the case, under a compromise struck in part to secure wider agreement on the revised eurovignette directive and a transport deal with Switzerland.

But Austrian officials claim that opposition from Tyrolean provisional authorities, who introduced the toll system a few years ago, has blocked their attempts to implement this agreement.

Vienna's transport ministry insisted this week that the government had no intention of revising the toll system before the ECJ delivers its final verdict, despite threats from lorry drivers in a number of countries to demand reimbursement of past levies totalling up to €500 if the court rules against Vienna.

"There is no relation between the level of the costs and the maintenance of the structure," said Henk Kramer of the Dutch transport operators' association. "The levy is at such as level of tonnage that only foreign vehicles have to pay it."

Austrian officials rejected this argument. "The tolls are absolutely justified and will remain where they are. We will argue that the current tolls take into account all the environmental costs involved, including protection against noise and other pollution," said one.

If it loses the case, Austria could be forced to cut its tolls in half. Experts predict that this could result in a significant increase in the number of heavy trucks using the route. An estimated one-quarter to one-third of truck drivers who could travel via neighbouring Switzerland currently make a detour through the Brenner Pass.

Austria is refusing to reduce the tolls it charges for transit traffic using the Brenner Pass alpine route, despite mounting criticism that the levies breach EU law and discriminate against foreign hauliers.