«(Free movement of goods – Restriction resulting from actions of individuals – Obligations of the Member States – Decision not to prohibit a demonstration by environmental protesters which resulted in the complete closure of the Brenner motorway for almost 30 hours – Justification – Fundamental rights – Freedom of expression and freedom of assembly – Principle of proportionality)»
JUDGMENT OF THE COURT12 June 2003 (1)
((Free movement of goods – Restriction resulting from actions of individuals – Obligations of the Member States – Decision not to prohibit a demonstration by environmental protesters which resulted in the complete closure of the Brenner motorway for almost 30 hours – Justification – Fundamental rights – Freedom of expression and freedom of assembly – Principle of proportionality))
and
THE COURT,,
after considering the written observations submitted on behalf of:
having regard to the Report for the Hearing,
after hearing the oral observations of Eugen Schmidberger, Internationale Transporte und Planzüge, represented by R. Schneider; the Republic of Austria, represented by A. Riccabona; the Austrian Government, represented by E. Riedl, acting as Agent; the Greek Government, represented by N. Dafniou and G. Karipsiadis; the Italian Government, represented by O. Fiumara; the Netherlands Government, represented by H.G. Sevenster, acting as Agent; the Finnish Government, represented by T. Pynnä, acting as Agent; and the Commission, represented by J.C. Schieferer and J. Grunwald, acting as Agent, at the hearing on 12 March 2002,
after hearing the Opinion of the Advocate General at the sitting on 11 July 2002,
gives the following
On those grounds,
THE COURT,
Rodríguez Iglesias
Puissochet
Wathelet
Schintgen
Gulmann
Edward
Jann
Skouris
Macken
Colneric
von Bahr
Cunha Rodrigues
Rosas
R. Grass
G.C. Rodríguez Iglesias
Registrar
President