39 
addition, the target of a 60% reduction of NO x emissions was not achieved. Even if the 
emissions per vehicle have decreased, this was offset by the growth rate of road 
transport 143 . Therefore, "its environmental benefit for the persons living along the 
Brenner motorway must have remained limited." 144 Second, the attempt to limit the 
number of heavy goods vehicles driving through the Austrian Alps was unsuccessful. 
This is illustrated not only by the case Austria v. Council 145 , currently pending at the 
European Court of Justice, but as well by the fact that in the context of the actual 
negotiations for a prolongation of the ecopoint system, the Council proposes to abolish 
any limitation of the number of transit journeys 146 . 
The facts of the case Austria v. Council date back to 1999. When the number of transit 
journeys exceeded the limits foreseen by the ecopoints system by 25%, Austria would 
have had the right to ban all transit of the last quarter of the year 2000. In order to avoid 
this, the Council decided, subject to opposition on the part of Austria, to amend the 
regulation, which divided the ecopoints between the different Member States 147 , by 
spreading the reduced number of transit journeys over four years. Austria brought action 
before the Court, asking for annulment of the regulation in question. So far, the Court 
has not yet rendered its judgement. However, according to Advocate General Mischo's 
opinion 1 * 8 , the Community was wrong in preventing Austria from restricting the 
number of transits for 2000 149 . 
The current ecopoint system will last till the end of 2003. For the past months, 
negotiations on a prolongation of the system have attempted to find a compromise for a 
transitional system applicable until the already mentioned generalised European system 
for infrastructure pricing will enter into force. At the last Transport Council end of 
March 2003, the Ministers rejected the proposal by the European Parliament "which 
143 See supra, note 7. p.28. 
144 See supra, note 134. p.109. 
145 See Opinion of Advocate General Mischo. delivered on 13 February 2003. in case C-445/00, Austria 
v. Council (not yet reported). 
146 Press release regarding the Council meeting of 31 December 2002. available at: http://europa.eu.int/ 
rapid/start/cgi/guesten.ksh?p_action.gettxt=gt&doc=PRES/02/415|0|RAPID&lg=EN&display=. 
147 Council Regulation 2012/2000/EC. of 21 September 2000 amending Annex 4 to Protocol No 9 to the 
1994 Act of Accession and Regulation 3298/94/EC with regard to the system of ecopoints for heavy 
goods vehicles transiting through Austria. OJ L 241. 26 September 2000. p. 18. 
148 See supra, note 145. 
149 For a first comment on this opinion, see "Ecopoints victory brings no joy to Austria". (2003) 116 T&E 
Bulletin L