Schmidberger v Austria

A Member State's decision to allow a demonstration that blocked a motorway was justified by the protection of freedom of expression and assembly.

Citation
Case C-112/00, [2003] ECR I-5659
Court
Court of Justice of the European Union
Year
2003
Subject
EU Law
Topic
Free movement of goods

Facts

The Austrian authorities allowed an environmental group to hold a demonstration on the Brenner motorway, a major transit route between Germany and Italy, which closed the motorway for about 30 hours, to protest against pollution caused by heavy goods vehicles. Schmidberger, a German transport company, claimed that this was a breach of the free movement of goods, and sued Austria for damages for the delay to its lorries.

Legal principle

The Court of Justice held that the decision to allow the demonstration was a restriction on the free movement of goods, but that it was justified. The protection of fundamental rights, such as freedom of expression and freedom of assembly, is a legitimate interest which, in principle, justifies a restriction of the obligations imposed by EU law, even under a fundamental freedom such as the free movement of goods. The interests had to be balanced, and the Austrian authorities had acted reasonably, because the demonstration was limited in time and place, the public had been informed in advance, and alternative routes had been organised.

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This summary is for study and revision and is not legal advice. Although our case summaries are checked for accuracy, we do not guarantee that they are free from errors or omissions. Always read the full judgment for the court's reasoning.

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