A key expert at the European court of justice (ECJ), the German passenger Car toll for right. Foreign vehicle owners would not be discriminated against, said advocate General Nils Wahl in Luxembourg (case C-591/17).

He recommended that the ECJ judges, therefore, that the action of Austria against the plans of the Federal government to reject. The opinion, however, is not binding, a judgment in the case is likely to fall in the coming months.

The toll for Cars on German roads in October 2020 start. It is a prestige project of the CSU in the election campaign of 2013, and is to be collected on Federal roads and highways. Domestic motorists are to be relieved in return for toll payments through a reduction in the Car tax completely. Drivers from abroad should pay only on motorways.

It is one of the rare cases in which, in the European Union, a member state sues another. The EU Commission had left in 2016 after a long struggle, their concerns about the German road toll will fall. Austria moved before the court. The country is assisted in its action by the Netherlands.

of The experts argued that the action of Austria is based on a basic misunderstanding of the concept of discrimination. Although holders of domestic vehicles were mainly German citizens, while drivers nationals of other EU foreign vehicles were mostly heads of state. The latter were, however, never be obliged to pay German vehicle tax. In addition, you could – in contrast to German holders – for a cheaper Vignette with a shorter duration to decide and, thus, pay less.

Austria, however, had argued that the so-called infrastructure levy discriminates against foreign drivers are prohibited because domestic car relieves the owner of the motor Vehicle tax in full for the toll.