The EU calls Italy to the Court of Justice for the failure to transpose the directive on road tolls

The EU calls Italy to the Court of Justice for the failure to transpose the directive on road tolls

Italy again wanded by the European Union for not complying with the regulations on tolls. The European Commission has decided to refer to the government of Rome to the EU Court of Justice for the failure to transpose the block rules on the tariff of vehicles for the use of certain infrastructures (Directive (EU 2022/362), also asking for the imposition of pecuniary penalties. The measure came following the failure to communicate the transposition measures within the deadlines, set on March 25, 2024.

Commission: “insufficient rome government efforts”

But how did you get to this point? According to the Community executive, despite a letter of constitution in brunette sent on 23 May 2024 and a previous motivated opinion of 16 December 2024, the Italian authorities did not notice all the necessary measures. Italy had transmitted two partial measures and a calendar for the adoption of the remaining, but to date no further measures have been notified. “The efforts made by the Italian authorities have been insufficient today,” says the Commission.

The EU directive on road tariff (1999/62/EC) establishes the rules for tolls calculated on the distance traveled and stamps based on the time of use of infrastructure. Although the Member States are not obliged to recover road costs, if they do, they must respect the principles “those who use pay” and “those who pollute pays”, covering external costs as CO2 emissions, air and acoustic pollution and traffic congestion. The directive also strengthens the EU regulations on non -discrimination between Member States, according to article 18 tfue.

The most recent modification (EU Directive 2022/362) extends the application to cars, vans, buses, bus and small trucks, with exemptions that will end by 2027. It introduces tolls based on CO2 emissions, gradually eliminates the temporal stamps for heavy vehicles and provides for the recovery of costs related to atmospheric pollution starting from 2026. Zero emissions can benefit from reduced exemptions or rates.

Italy at risk for the infringement of directives on public contracts

In addition, the European Commission has decided to send a third letter of additional to Italy constitution to Italy (Infr (2018) 2273) for the failure to transpose the national system of some provisions of the EU directives on public contracts (Directive 2014/23/EU, Directive 2014/24/EU and Directive 2014/25/EU). The EU legislation on public procurement – explains the Commission – provides that public contracts higher than a specific threshold are the subject of tender, in compliance with the principles of transparency, equal treatment, free competition and non -discrimination.

Brussels disputes some rules of the Italian contract code, adopted in April 2023 and modified in December 2024, considering them not yet compliant with the European rules on project financing and on the protection of technical and commercial secrets. Italy has now two months old to respond and correct the deficiencies, before the Commission can adopt a motivated opinion.