Eugen Schmidberger, Internationale Transporte und Planzuge v Republic of Austria: ECJ 12 Jun 2003

An environmental group organised a demonstration which blocked a motorway affecting the free movement of goods. The claimant haulage company complained that the respondent government had failed to prevent the blockage for many hours causing it losses.
Held: The court did not hold that since the fundamental right of assembly was in issue it followed that the free movement rules were ousted. Instead the freedom of assembly was in principle capable of justifying a restriction on free movement, and that was answered by reference to the question whether the restriction was justifiable and proportionate.
Europa 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.
C-112/00, Times 01-Jul-2003, [2003] EUECJ C-112/00, [2003] ECR I-1577
Bailii
EC Treaty 28 29
Cited by:
CitedInternational Transport Workers’ Federation and Another v Viking Line Abp and Another CA 3-Nov-2005
An order had been made restraining the defendant trades unions from taking industrial action. The unions said the UK court had no jurisdiction.
Held: ‘It is at first sight surprising that the English Commercial Court should be the forum in . .

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Updated: 09 January 2021; Ref: scu.184149