ECJ Advocate General criticises driving bans on the Brenner Pass
Regulating lorry traffic, yes; driving bans, no: this is the view put forward by the Advocate General of the European Court of Justice (ECJ) in his Opinion published in mid-July 2026. Although not legally binding, this forms an important basis for the decision in the legal dispute between Austria and Italy. CIPRA is calling on politicians on both sides of the Brenner Pass to engage in constructive dialogue.
There is a great deal at stake for the Alpine region: the ECJ’s ruling, expected by the end of 2026, will have a decisive influence on the extent to which states may in future take measures to reduce transit traffic and to protect people and sensitive Alpine habitats. The Advocate General takes the view that the night-time driving ban, the sectoral driving ban and the winter driving ban contravene EU law and has requested the ECJ to uphold Italy’s claim on these three points. By contrast, he considers the traffic-management measures to be justified and compatible with the right to the free movement of goods. Paul Kuncio, environmental lawyer and Policy Officer at CIPRA International, offers an initial assessment: “If the ECJ follows the Opinion, as is usually the case, the Austrian state of Tyrol will have to lift or amend the existing driving bans. Comparable measures on other Alpine transit routes would then also be at risk, meaning a further increase in trans-Alpine road freight traffic is to be expected.” At the very least, the batch clearance of lorries as a traffic management measure is likely to stand up to scrutiny before the ECJ. “I see this as a signal in favour of cross-border traffic management and quota systems for Alpine transit – provided that politicians return to constructive dialogue”, says Kuncio. The lifting of driving bans could be avoided through appropriate adjustments, as the Advocate General considers the measures suitable for achieving the objective, provided that the proportionality of these restrictions is ensured. CIPRA provides a more detailed analysis of the Opinion here.
Sources and further information:
https://curia.europa.eu/site/upload/docs/application/pdf/2026-07/cp260111de.pdf (de), www.derstandard.at/story/3000000331628/eugh-gutachten-fahrverbote-am-brenner-verstossen-gegen-unionsrecht (de), https://tirol.orf.at/stories/3362908/ (de), https://corrieredellaltoadige.corriere.it/notizie/cronaca/26_luglio_17/divieti-austriaci-per-i-tir-al-brennero-punto-a-favore-dell-italia-l-avvocatura-della-corte-ue-sono-illegittimi-15f1ce6b -f728-418d-a80f-c5fea849bxlk.shtml (it), https://salto.bz/it/article/16072026/brennero-bocciati-i-divieti-tirolesi (it)
