Legal dispute over Alpine transit: environmental organisations fear a domino effect
On 21 April 2026, the European Court of Justice (ECJ) in Luxembourg will hear Italy’s transit case against Austria. It must decide which takes precedence: the free movement of goods, or the protection of people and the environment. In an open letter, 67 environmental organisations are calling for the transit restrictions and air quality measures on the Brenner route to be maintained.
The oral hearing, originally scheduled for December 2025, is eagerly awaited: the ECJ will decide whether the traffic-regulating measures in Tyrol violate the right to the free movement of goods and must therefore be lifted. In an open letter published at the start of the year, addressed to EU Commissioner Apostolos Tzitzikostas and the transport ministers of the Alpine countries, 67 organisations, led by CIPRA International, warned of a domino effect should the ruling go in favour of the Italian plaintiffs: protective measures for people and the environment along other Alpine transit routes could then also be lifted or not be introduced at all in future. Road freight transport would thus be given priority, putting more environmentally friendly modes of transport such as rail at a disadvantage. The objectives of EU environmental policy – to preserve and protect the environment, as well as to safeguard human health – would thereby be permanently undermined. Future traffic management measures designed to protect people and the environment could fail owing to the principle of the free movement of goods.
Back to a common transport policy
In 2025, 2.4 million lorries crossed the Brenner Pass between Austria and Italy – more than on any other transalpine motorway. The enormous volume of lorries leads to frequent traffic jams, noise pollution and environmental impacts for local residents. Urgently needed bridge renovations further exacerbate the situation. With night-time and weekend driving bans, sectoral driving bans and similar measures, the Austrian province of Tyrol is attempting to curb climate- and environment-damaging detour traffic. In 2024, Italy filed a lawsuit against these measures before the European Court of Justice, arguing that they restrict the free movement of goods. Regardless of the ECJ’s decision, expected by the end of 2026, it is high time to re-establish a cross-border transport policy, says Uwe Roth, President of CIPRA International: “We call on the transport ministers of the Alpine countries to work together to find sustainable solutions that take into account the people living along the Alpine transit routes, reduce the burden on the environment and shift freight transport from road to rail.”
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