The European Commission has threatened to take the Portuguese government to court if it does not change rules that infringe Community law in relation to tolls on formerly free Scut roads.
The original complaint from Aveiro council was lodged when the tolls were imposed. This was assessed by the European Commission which asked Portugal’s government for additional comment and analysis on its toll schemes on formerly free roads.
The European Commission today upheld the complaint from Aveiro council against the Portuguese government and it restated that the tolls are indeed illegal. The Commission now threatens legal action in the European Court of Justice if the tolls are not scrapped forthwith.
Aveiro council argued that the introduction of tolls on former Scuts is "an unjustified violation of the principle of free movement of people and a flagrant violation of the principle of non-discrimination on grounds of nationality."
Given the facts, the Commission upheld the complaint from Aveiro against the Portuguese government.
In a statement following the original judgement, Aveiro council added that Brussels had requested clarification from the Portuguese Government as the initial response was insufficient to justify tolls on Scut roads.
The European Commission has decided that it was right all along and that the collection of tolls on Scut roads indeed is illegal.
For lawyer Ricardo Oliveira from PLMJ, the opinion of Brussels should have the same impact for all Scut roards, not just the one in Aveiro council’s area, as "the legislation in question is general but the Commission should presumably be concerned with all Scut roads used by citizens of other member states who travel to Portugal."
The lawyer said that Portugal’s government could end up being fined, but added that it will not have to return Community funds given to build roads and motorways, since "there is no allegation that these funds were misused."
If Portugal’s government is fined, the taxpayer will be hit with further costs associated with the toll system.
More annoyingly, these cases can take around three years to be heard.
Aveiro council said that its councillors will continue to monitor this process and may takes additional steps involving MEPs responsible for transport to get the illegal tolls system banned.
