ECJ opinion on the Brenner driving bans: What drivers should know

Anyone driving by car or motorhome over the Brenner Pass to Italy knows the strict rules in Tyrol. Trucks in particular face night-time bans, seasonal restrictions and the so-called staggered dispatch (Blockabfertigung). Now an important opinion from the European Court of Justice (ECJ) has been issued. Advocate General Campos Sánchez-Bordona recommends that the judges classify three of the four Tyrolean measures as a violation of EU law. Only the staggered dispatch 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. Still, it's worth getting an overview, because the decision could strongly 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 wants to use them to control transit traffic and protect residents from noise, exhaust fumes and congestion.

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 use the A 13 every year. The number of heavy trucks has risen significantly since 2010. This is precisely why the Brenner remains so contentious both politically and in terms of traffic.

Which driving bans does the opinion view critically?

Night driving ban

On a roughly 84-kilometer section of the A 12, there is a night driving ban for trucks over 7.5 tonnes. Officially, it is meant to shift emissions from night to day. At the same time, there are exceptions for local and regional traffic, because there are allegedly 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 examined more recent health data and considered 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 limits were being met, Austria should have examined whether the ban was still necessary in this form. This is exactly 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 via these states. The Advocate General considers using the destination alone as a criterion insufficiently justified. Combined with the other bans, heavy traffic was practically almost impossible on weekends.

What remains: the staggered dispatch

The situation is different for the staggered dispatch. Since March 2018, it has been used to regulate traffic when congestion threatens. The Advocate General considers this lawful, because the measure only applies in the case of justified overload forecasts. Italy has not proven that this results in an impermissible restriction on imports.

For everyday traffic at the Brenner, this means for now: according to the opinion, the staggered dispatch remains the measure with the best chance of being upheld. Whether the night, sectoral and winter driving bans will later be abolished or need to be amended will only be decided by the ECJ judges.

Does anything change for car travelers now?

In short: No. The contested rules mainly affect heavy traffic. For cars and most motorhomes up to 3.5 t gross technical weight, nothing changes for now as a result of the opinion. The current driving bans and the staggered dispatch remain in place until a ruling is issued and Austria makes any necessary adjustments.

Indirectly, however, the debate could still become relevant. If truck driving bans are later lifted, even more truck traffic could be on the A 12 and A 13. At the same time, the Europabrücke on the A 13 remains a bottleneck with single-lane traffic and a risk of congestion. Anyone heading towards Italy should therefore continue to check traffic reports and allow enough time.

Toll: What you should keep in mind

Anyone driving over the Brenner should keep an eye on the toll and the current traffic situation separately. For vehicles up to 3.5 t gross technical weight (technically permissible maximum mass excluding persons, field F.1), you need a valid vignette on motorways and expressways. On the A 13, the route toll is added on top. If the gross technical weight exceeds 3.5 t, the vignette does not apply and the distance-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 ECJ ruling overturns or confirms the Tyrolean driving bans in 2027, what matters most for your next trip over the Brenner is up-to-date traffic reports, enough time buffer and the right toll products. If you have any questions, you can reach us at any time by email.

FAQ: ECJ opinion on the Brenner driving bans

What did the ECJ Advocate General recommend?

He considers the night, sectoral and winter driving bans to be incompatible with EU law. The staggered dispatch, on the other hand, he regards as permissible. The opinion is not binding.

Does anything change for car drivers now?

No. It is mainly heavy traffic that is affected. Until the ruling and any possible adjustments, the current rules remain in force.

What is the staggered dispatch?

A regulation of traffic flow when congestion is imminent. It has been in use since March 2018 and, according to the opinion, is compatible with EU law.

When will the final ruling be issued?

Expected in 2027.

Do I need a vignette for the A13?

For the Brenner motorway itself, you pay a route toll or special toll. For most access routes via the A 12, vehicles up to 3.5 t gross technical weight additionally require a vignette.