3 
"Emissions of pollutants from road freight traffic pose a major environmental 
problem especially on trunk roads through mountainous regions. The reasons for 
the increased environmental impact are the following. 
Road traffic is concentrated on only a few heavily frequented trunk routes, 
which results in intensified noise emissions and high concentrations of 
pollutants in the ambient air in the valleys and areas concerned. 
In the mountainous regions, the permanent settlement area covers only a small 
part of the whole area and so the concentration of inhabitants, especially in 
some Alpine valleys, can reach urban levels. Transport infrastructure has a 
relatively high share of land use and is inevitably situated close to living and 
recreation areas. 
The specific topographic and meteorological conditions of Alpine valleys 
hamper the dispersion of air pollutants, thus increasing the harmful effects of 
pollutant emissions compared to extra-Alpine lowlands. The direct effects on 
the concentration of pollutants in the ambient air per unit No x emission is [sic] 
almost one order of magnitude higher than in lowland areas. 
Alpine ecosystems are particularly sensitive to air pollutants and pollutant 
deposition owing to higher altitudes, lower soil quality, restricted vegetation 
periods and other biotic and abiotic hazards. 
One important function of forests covering the slopes of Alpine valleys is to 
protect local settlements from avalanches, mud slides, and erosion. Any 
impairment of this function may have disastrous consequences." 4 
The political and economic importance of the trans-Alpine transit became evident 
during the negotiations on the European Economic Area (EEA) and later on during the 
Austrian accession process to the European Community. For a long time, countries like 
Greece and the Netherlands blocked the adoption of the agreements because of their 
provisions regarding transit 5 . 
Organized protests of local residents, in particular against heavy-duty vehicle traffic, 
have repeatedly led to blockings of transit routes and provoked controversial reactions. 
As an example, one may mention the currently pending case before the European Court 
of Justice, in which a German transport undertaking initiated proceedings against 
Austria, claiming compensation for the damages suffered due to a total blockage of the 
Brenner motorway by authorised demonstrations 6 . 
4 See supra, note 3. p.21. 
5 For further details, see E. Brandt andP. Schäfer. "Trans-Alpine Transit Traffic: Towards Sustainable 
Mobility". (1996) 5 CMLRev 931. at 932. 
6 See opinion of Advocate General Jacobs, delivered on 11 July 2002. in case C-112/00. Schmidberger v. 
Austria (not yet reported). In this context of linked traffic and single market issues, see as well the 
judgment of 9 December 1997. in case C-265/95, Commission v. France, [1997] ECR 1-6959. where the 
ECJ held that the French authorities had infringed their obligations by failing to adopt all necessary and 
proportionate measures in order to prevent the free movement of goods from being obstructed by French 
farmers blocking the motorways.