ECJ Opinion on the Brenner Driving Bans: What Motorists Should Know
Anyone driving over the Brenner Pass to Italy by car or motorhome is familiar with the strict rules in Tyrol. Trucks in particular face night driving bans, seasonal restrictions, and the so-called block clearance system. An important opinion from the European Court of Justice (ECJ) is now available. Advocate General Campos Sánchez-Bordona recommends that the judges classify three of the four Tyrolean measures as a violation of EU law. Only the block clearance system does he consider permissible.
Important for you: This is not yet a final ruling. The judges are expected to decide only in 2027. Until then, the current rules remain in force. Nevertheless, an overview is worthwhile, as the decision could significantly affect transit traffic on the Inn Valley motorway (A 12) and the Brenner motorway (A 13).
What is the lawsuit about?
Italy sued Austria about two years ago. From Italy's perspective, the Tyrolean driving bans restrict the free movement of goods too severely. Four measures on sections of the A 12 and A 13 are affected. Tyrol aims to control transit traffic and protect residents from noise, exhaust fumes, and traffic jams.
For many travelers from Germany, this route is the shortest and flattest connection to Italy. Around twelve million cars and a good 2.4 million heavy trucks travel on the A 13 every year. The number of heavy trucks has risen significantly since 2010. This is precisely why the Brenner Pass remains so politically and traffically contentious.
Which driving bans does the opinion view critically?
Night driving ban
On a roughly 84-kilometer stretch of the A 12, there is a night driving ban for trucks over 7.5 tons. Officially, it is meant to shift emissions from night to day. At the same time, there are exceptions for local and regional traffic, since it is claimed there are no alternative routes. The Advocate General sees a contradiction here: if it is only about a shift in timing, the question of rerouting should not play a central role. Furthermore, Austria should have reviewed newer health data and examined alternatives to the year-round ban.
Sectoral driving ban
The sectoral driving ban applies on about 65 kilometers of the A 12 and affects goods that could in principle also be transported by rail. According to the opinion, the measure can serve environmental protection. However, in 2021, when air quality limit values were being met, Austria should have examined whether the ban was still necessary in this form. This review was precisely what was neglected.
Winter driving ban
The winter driving ban applies on Saturdays between January and early March from 7:00 a.m. to 3:00 p.m. According to the opinion, it disadvantages international freight traffic. This is because it applies only to heavy goods vehicles heading to Italy, Germany, or countries reachable through these states. The Advocate General considers using the destination alone as a criterion to be insufficiently justified. Combined with the other bans, heavy traffic was practically almost impossible on weekends.
What remains: the block clearance system
The situation is different for the block clearance system. Since March 2018, traffic has been metered in this way when a traffic jam threatens. The Advocate General considers this lawful, since the measure only applies in cases of justified overload forecasts. Italy has not proven that this results in an impermissible restriction on imports.
For everyday life at the Brenner Pass, this means for now: according to the opinion, metering remains the measure with the best chance of being upheld. Whether the night, sectoral, and winter driving bans will later be abolished or amended will only be decided by the ECJ judges.
Does anything change now for vacationers traveling by car?
In short: No. The contested rules primarily concern heavy goods traffic. For cars and most motorhomes up to 3.5 t technically permissible total mass, nothing changes for the time being as a result of the opinion. The current driving bans and the block clearance system remain in place until a ruling is issued and Austria adjusts its regulations accordingly, if necessary.
Indirectly, however, the debate could still become relevant. If truck driving bans are lifted later, there could be even more truck traffic on the A 12 and A 13. At the same time, the Luegbrücke on the A 13 remains a bottleneck, with single-lane traffic and a risk of congestion. Anyone heading toward Italy should therefore continue to check traffic reports and allow enough time.
Toll: What you should keep in mind
Anyone driving over the Brenner Pass should keep an eye on tolls and current traffic conditions separately. For vehicles up to 3.5 t technically permissible total mass (technically permissible total mass excluding passengers, field F.1), you need a valid vignette for motorways and expressways. On the A 13, the route-based toll also applies. If the technically permissible total mass exceeds 3.5 t, the vignette does not apply, and the route-based toll with a GO-Box applies instead.
You can find an overview in our guide Toll in Austria. You can conveniently purchase the digital vignette from us via the 10-day vignette flat rate for Austria. Our route planner can also help you plan your route.
The Europamaut team wishes you a pleasant journey!
Whether the 2027 ECJ ruling overturns or confirms the Tyrolean driving bans: for your next trip over the Brenner Pass, what matters most are current traffic reports, enough time buffer, and the right toll products. If you have any questions, you can reach us at any time by email.
