18. April 2018

Court: Longer HGVs do not contravene EU law

Pro-Rail Alliance, BUND, DUH and ACV considering further steps

Court: Longer HGVs do not contravene EU law Pro-Rail Alliance, BUND, DUH and ACV considering further steps
Longer heavy goods vehicles, or Gigaliners, can stay on the roads. The administrative court in Berlin does not believe that allowing longer heavy goods vehicles contravenes EU law, but has granted leave to appeal, including a leapfrog-appeal.

Berlin, April 18, 2018. In the first stage of the legal dispute over granting longer heavy goods vehicles a general use license to operate on Germany’s roads, the Administrative Court in Berlin announced its decision on Friday. It states that a general use license for longer HGVs on Germany’s roads does not contravene EU law. At the same time, the court said that the action was legally admissible and granted the Pro-Rail Alliance, a recognised environmental organisation, the right to continue fighting the case against granting general use licenses to longer HGVs.

“We regard the verdict with mixed feelings,” said the managing director of the Pro-Rail Alliance, Dirk Flege, on Wednesday in Berlin. “The verdict strengthens the right of environmental organisations to bring legal action and this will set a nationwide precedent. However, for the moment we have not been successful in this matter.”

Due to the fundamental character of this case, the court granted leave to appeal against the decision, including a leapfrog appeal. The Pro-Rail Alliance brought the case against allowing longer HGVs a year ago with support of a broad coalition of associations made up of the ACV (Automobil-Club Verkehr), BUND (Friends of the Earth Germany) and DUH (Environmental Action Germany).

Flege announced that the Pro-Rail Alliance and the other associations will consider their next legal steps as soon as they have received the verdict in writing.