35 
internalisation of external costs 127 . This assessment is shared by the Commission 128 who 
intends to revise the current road charging regime, so as to make it compatible with the 
policy outlined in the White Paper "European transport policy for 2010: time to decide" 
from 2001 129 , 
As already mentioned, the Directive 1999/62/EC does not only contain rules on user 
charges but on tolls as well. These were subject of a case before the European Court of 
Justice regarding the Austrian Brenner pass. This case proved once more the crevice 
between the ideal policy concept of internalising external costs and the reality of current 
legislation. 
4.3.2. The Brenner case 
In the course of Austria's accession to the Community, the adaptation to the harmonised 
system regarding infrastructure pricing required a substantial reduction of the level of 
road-user charge, and thereby of the total costs associated with using Austrian passes. In 
the year of accession, the total costs of crossing the Austrian Alps fell dramatically 130 
and became consequently much more interesting for hauliers than previously. 
In order to compensate this price collapse, the Austrian government raised the toll for 
the Brenner motorway which links Innsbruck and Verona, crossing the Alps on the 
Brenner pass. This pass, which is the lowest natural crossing of the Alps, has the highest 
volume of freight transport among the 14 major trans-Alpine routes 131 . Having in mind 
the complaints of the local inhabitants, the Austrian government, among other 
measures, raised in the mid 1990s the road tolls on the Brenner motorway in order to 
reduce noise levels, air pollution, traffic congestion and other environmental 
impairment. 
127 See supra, note 49, p.10. 
128 See supra, note 120. p.73. 
129 See supra, note 7. p.28. 
130 The total cost of crossing fell by 52% at the Brenner pass and. due to a lack of toll at the Reschen pass, 
even by 93%. See M. Humphreys. "Member States and Infrastructure Obligations. Analysis of the Case 
C-205/98 Commission v. Austria", (2002) 14 Journal of Environmental Law 101. at 116. 
131 See supra, note 3. p.43.