«(Carriage of goods by road – Tolls – Brenner motorway – Prohibition of discrimination – Discrimination on grounds of the nationality of the haulier or of the origin or destination of the vehicle)»

1.. Acts of the institutions – Directives – Direct effect – Possibility of relying on a directive against a legal person governed by private law, controlled by the State, and entrusted with the task of levying tolls for the use of public road networks (Art. 249, third para., EC)

2.. Transport – Road transport – Tax provisions – Harmonisation of laws – Directives 93/89 and 1999/62 – Tolls and charges for the use of certain infrastructures – Direct effect of the prohibition of discrimination on grounds of the haulier's nationality or of the vehicle's origin or destination – Principle of the link between the toll charges and infrastructure costs having no direct effect (Council Directives 93/89, Arts 7(b) and (h), 8(2)(e) and 9, and 1999/62, Arts 7(4) and 9)

3.. Transport – Road transport – Tax provisions – Harmonisation of laws – Directive 93/89 – Tolls and charges levied for the use of certain infrastructures – Directives 93/89 and 1999/62 – Tolls and charges for the use of certain infrastructures – Prohibition of discrimination on grounds of the haulier's nationality or of the vehicle's origin or destination – Applicable to national hauliers (Council Directives 93/89, Arts 7(b) and 1999/62, Art. 7(4))

4.. Transport – Road transport – Tax provisions – Harmonisation of laws – Directive 93/89 – Taxes on certain vehicles used for the carriage of goods by road and charges for the use of certain infrastructures – Judgment of the Court of Justice annulling that directive – Effect (Art. 231, second para., EC; Council Directives 93/89 and 1999/62)

5.. Transport – Road transport – Tax provisions – Harmonisation of laws – Directive 1999/62 – Charging of heavy goods vehicles for the use of certain infrastructures – Effects of the directive before expiry of the period for transposition – Member States required not to adopt measures liable to compromise the result prescribed by the directive – Direct effect – None (Art. 10, second para., EC and Art. 249, third para., EC; Council Directive 1999/62)

JUDGMENT OF THE COURT (Sixth Chamber) 5 February 2004 (1)

((Carriage of goods by road – Tolls – Brenner motorway – Prohibition of discrimination – Discrimination on grounds of the nationality of the haulier or of the origin or destination of the vehicle))

In Case C-157/02,

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

and

on the interpretation of Council Directive 93/89/EEC of 25 October 1993 on the application by Member States of taxes on certain vehicles used for the carriage of goods by road and tolls and charges for the use of certain infrastructures (OJ 1993 L 279, p. 32) and Directive 1999/62/EC of the European Parliament and of the Council of 17 June 1999 on the charging of heavy goods vehicles for the use of certain infrastructures (OJ 1999 L 187, p. 42),

THE COURT (Sixth Chamber),,

composed of: V. Skouris, acting for the President of the Sixth Chamber, J.N. Cunha Rodrigues (Rapporteur), J.-P. Puissochet, R. Schintgen and F. Macken, Judges,

Advocate General: S. Alber,

after considering the written observations submitted on behalf of:

having regard to the Report for the Hearing,

after hearing the oral observations of Rieser Internationale Transporte GmbH, represented by R. Krist, Rechtsanwalt, of Autobahnen- und Schnellstraßen-Finanzierungs-AG (Asfinag), represented by P. Csoklich and R. Bollenberger, Rechtsanwälte, of the Austrian Government, represented by H. Dossi, acting as Agent, and of the Commission, represented by C. Schmidt, at the hearing on 5 June 2003,

after hearing the Opinion of the Advocate General at the sitting on 9 September 2003,

gives the following

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Observations submitted to the Court

Findings of the Court

Observations submitted to the Court

Findings of the Court

Observations submitted to the Court

Findings of the Court

Observations submitted to the Court

Findings of the Court

Observations submitted to the Court

Findings of the Court

On those grounds,

THE COURT (Sixth Chamber),

in answer to the questions referred to it by the Oberster Gerichtshof by order of 22 March 2002, hereby rules:

Skouris

Cunha Rodrigues

Puissochet

Schintgen

Macken

Delivered in open court in Luxembourg on 5 February 2004.

R. Grass

V. Skouris

Registrar

President