The Austrian government is taking its case to the European Court of Justice (ECJ) over Germany‘s plans to introduce charges to use its motorways and highways from 2019.
Under the plans drivers would be charged up to £117 (€130) per year to use its roads.
Vienna believes the move contravenes European Union (EU) law because although everyone will have to pay, German motorists will get a refund via a reduction in their vehicle tax.
Austria’s transport minister Joerg Leichtfried, of the Social Democrat party (SPO) said in a statement: “This is indirect discrimination on the basis of nationality.
“This is about creating a European Union where the strength of the law counts and not the law of the stronger one.
“The German toll is against foreigners. Germans won’t pay because they are German. Austrians will pay because they are Austrian. We’re not going to stand for that.”
The 30-page lawsuit was filed with the ECJ today.
Mr Leichtfried added that Germany was exploiting its dominant position within Europe.
Should the road toll be introduced around 1.8 million Austrians who commute into the neighbouring country would be affected.
The move by Germany has also caused an outcry in Denmark, Belgium and the Netherlands.
The cost of the proposed toll will depend on the vehicle’s fuel efficiency and will be paid in advance with drivers buying a pass.
Those coming from outside Germany will be able to buy a 10-day toll of between £2.25 (€2.50) and £23 (€25) or a two-month pass that varies between £6 (€7) and £45 (€50).
The toll is expected to bring in around £451 million (€500m) a year.
The case us due to come to court either late next year or early in 2019.
Controversy over the scheme has been dragging on for years, the European Commission rejecting a legal bid in 2015.
Originally proposed in 2013, the law was expected to come into effect in 2019 but Austria’s decision to pursue the matter in Europe’s highest court may delay, or completely scupper, the entire process.
A legal assessment commissioned by the German Green party in February concluded that despite changes to the original bill was indeed discriminatory under EU law that guarantees equal rights for EU citizens.