Three Truck Traffic Bans in Tyrol Could Be Abolished

Three key truck traffic bans in Tyrol may be incompatible with EU law. The measures in question are the year-round night driving ban, the sectoral traffic ban and the winter driving ban on the A12 Inntal and A13 Brenner motorways. However, the final decision rests with the Court of Justice of the European Union (CJEU), meaning that all existing restrictions remain in force until the Court delivers its judgment.

The future of three key truck traffic restrictions in Tyrol has been called into question. The Advocate General of the Court of Justice of the European Union has concluded that the year-round night driving ban, the sectoral traffic ban and the winter driving ban on the A12 Inntal and A13 Brenner motorways may be incompatible with EU law. No final judgment has yet been delivered, and the Tyrolean authorities are preparing for different possible outcomes.

The case concerns Italy's action against Austria over restrictions on heavy goods vehicle traffic along one of Europe's most important freight transport corridors. The proceedings before the CJEU cover four traffic management measures applied by Austria: the year-round night driving ban for trucks, the sectoral ban on transporting selected categories of goods, the winter driving ban and the truck metering system limiting the number of heavy goods vehicles allowed onto the route, known as Blockabfertigung. In his Opinion delivered on 16 July 2026, CJEU Advocate General Manuel Campos Sánchez-Bordona stated that the first three restrictions are incompatible with European Union law. He reached a different conclusion regarding the truck metering system, arguing that it may constitute a lawful traffic management measure where it is used as an exceptional response to the risk of infrastructure overload.

It should be emphasised, however, that the Advocate General's Opinion is not a judgment and does not automatically repeal the existing restrictions. Until the CJEU delivers its final ruling, the current traffic rules on the A12 and A13 motorways remain unchanged.

➡️Dispute Over the Proportionality of the Restrictions

Austria has consistently argued that the restrictions are necessary to protect the environment, public health and road safety. The Tyrolean authorities point out that the Inn Valley and the Brenner corridor have been facing heavy freight traffic for many years.

The Advocate General did not challenge the environmental protection objective itself. Instead, his concerns relate primarily to whether the measures adopted are proportionate and whether Austria has adequately demonstrated that they remain necessary in their current form. With regard to the sectoral traffic ban, he noted, among other things, that following improvements in air quality and compliance with EU air quality standards, Austria should have reassessed whether maintaining such far-reaching restrictions continued to be justified.

➡️Tyrol Does Not Yet Have a Plan B

Following the publication of the Advocate General's Opinion, the Tyrolean authorities stressed that they have no intention of abandoning their policy of limiting the impact of heavy goods vehicle transit traffic. Tyrol's Governor Anton Mattle stated that protecting residents, the environment and transport infrastructure remains the region's top priority. At the same time, he announced that the government would prepare for different scenarios ahead of the Court's final judgment.

However, this does not mean that Tyrol already has a ready-made contingency plan. No specific package of new restrictions or alternative regulations has been presented publicly to replace the existing measures should the CJEU rule against Austria.

One option currently being considered by the Tyrolean authorities is to make use of future air quality requirements. The region's Transport Minister, René Zumtobel, has stated that measures linked to upcoming EU air quality legislation are being analysed. In practice, this means seeking new legal grounds for traffic restrictions based not directly on transit management but on compliance with stricter environmental standards.

Following the Advocate General's Opinion, part of the Tyrolean opposition called on the regional government to prepare a concrete contingency plan. The leader of Tyrol's FPÖ, Markus Abwerzger, argued that the region cannot afford to wait for an unfavourable judgment without having alternative solutions in place. Meanwhile, Birgit Obermüller, chair of Tyrol's NEOS, suggested introducing a slot allocation system under which truck journeys would be managed by assigning specific time slots. Such a system would make it possible to regulate traffic volumes without imposing traditional driving bans. However, these are proposals put forward by opposition parties rather than an officially adopted policy of the Tyrolean government.

The public debate has also focused on the possibility of making greater use of the Blockabfertigung truck metering system. This mechanism limits the number of heavy goods vehicles allowed onto a designated section of road whenever traffic congestion is expected. Unlike the other three restrictions, this measure was not considered incompatible with EU law by the Advocate General. For Tyrol, this may mean that, should the CJEU rule against Austria, one possible approach would not be to abandon traffic controls altogether, but rather to rely more heavily on traffic flow management and capacity control measures.

➡️The CJEU Judgment Will Determine the Future of Alpine Transit

Case C-524/24 is important not only for Austria and Italy. The Brenner corridor is one of the most important freight transport links between Northern and Southern Europe, and the CJEU's judgment could influence the organisation of road freight transport across the European Union.
If the Court follows the Advocate General's Opinion, Austria will have to amend its current legislation. If, however, the judges accept Vienna's arguments, the existing system of restrictions will remain in place.

For the time being, carriers must continue to comply with the current truck traffic bans. The final direction of any changes will depend on the CJEU's judgment, while Tyrol continues to prepare for both possible outcomes.