«(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)»

1.. Free movement of goods – Trade barriers resulting from actions by private individuals – Obligations of the Member States – Adoption of measures to ensure the free movement of goods – Scope of the obligation – Acts affecting the flow of imports and exports and merely transit (EC Treaty, Art. 5 (now Art. 10 EC) and Arts 30 and 34 (now, after amendment, Arts 28 EC and 29 EC)

2.. Free movement of goods – Barriers to free movement by road between Member States resulting from the decision of a Member State not to prohibit a demonstration by protesters – Justification – Protection of the fundamental rights of the protesters – Need to balance the interests at stake – Principle of proportionality – Discretion of the national authorities – Limits (EC Treaty, Art. 5 (now Art. 10 EC) and Arts 30, 34 and 36 (now, after amendment, Arts 28 EC, 29 EC and 30 EC)

JUDGMENT OF THE COURT 12 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))

In Case C-112/00,

REFERENCE to the Court under Article 234 EC by the Oberlandesgericht Innsbruck (Austria) for a preliminary ruling in the proceedings pending before that court between

and

on the interpretation of Articles 30, 34 and 36 of the EC Treaty (now, after amendment, Articles 28 EC, 29 EC and 30 EC) read together with Article 5 of the EC Treaty (now Article 10 EC), and on the conditions for liability of a Member State for damage caused to individuals by a breach of Community law,

THE COURT,,

composed of: G.C. Rodríguez Iglesias, President, J.-P. Puissochet, M. Wathelet and R. Schintgen (Rapporteur) (Presidents of Chambers), C. Gulmann, D.A.O. Edward, P. Jann, V. Skouris, F. Macken, N. Colneric, S. von Bahr, J.N. Cunha Rodrigues and A. Rosas, Judges,

Advocate General: F.G. Jacobs,

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

.

.

Whether there is a restriction of the free movement of goods

Whether the restriction may be justified

The conditions for liability of the Member State

On those grounds,

THE COURT,

in answer to the questions referred to it by the Oberlandesgericht Innsbruck by order of 1 February 2000, hereby rules:

Rodríguez Iglesias

Puissochet

Wathelet

Schintgen

Gulmann

Edward

Jann

Skouris

Macken

Colneric

von Bahr

Cunha Rodrigues

Rosas

Delivered in open court in Luxembourg on 12 June 2003.

R. Grass

G.C. Rodríguez Iglesias

Registrar

President