Eugen Schmidberger, Internationale Transporte und Planzüge v. Republik Österreich
European Union Court of Justice
Case C-112/00, 2003 E.C.R. I-5659 (2003)
- Written by Elliot Stern, JD
Facts
An environmental group in Austria (defendant) notified governmental authorities that the group planned a demonstration to prevent traffic on a major motorway. The purpose of the demonstration was to call attention to the environmental harm caused by heavy-goods vehicles on the motorway. Austria decided not to ban the demonstration out of respect for the right to freedom of expression and freedom of assembly guaranteed in the Austrian constitution and the European Convention on Human Rights (ECHR). The authorities also took measures to limit the impact of the road closure by designating alternative routes for traffic in advance. The motorway was blocked to traffic for 30 hours. Eugen Schmidberger (plaintiff), the owner of a transportation business that used the motorway to transport goods between Italy and Germany, sued Austria on the grounds that Austria’s failure to prevent the demonstration blocking the motorway violated the free movement of goods.
Rule of Law
Issue
Holding and Reasoning (Per curiam)
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